Redevelopment
j.s.coachman
(Querist) 29 August 2013
This query is : Resolved
I have following queries:
(1).Since we have some grievances with our builder, we have refused to sign the individual floor plans he wanted us to sign.
We told him to solve our grievances first. He said he will submit the provisional plans to BMC without our signatures.Is he allowed by law to do so?
(2).What is the minimum floor height/flat height he is supposed to give(rehab. bldg.)?
(3).Is he supposed to give one parking space per tenant, irrespective of his carpet area?
(4).Should he give us an estimate of the corpus he will give ?
Where and when is he supposed to deposit thecorpus ?
(5). He has given slightly extra carpet areas than those mentioned in the agreements to tenants. But he has not given the extra carpet areas uniformly. For instance, he has given a tenant 2% extra carpet area, to another he has given 10% extra. Can we all demand the same percentage of extra carpet areas?
(6). Since last 6 & a half years he has taken our consents and made agreements with us. But still his plans are not passed. Is there any provision in law that allows us to get another builder? One hitch is that he is our landlord also. His project has got delayed because of the CRZ-II restrictions and the vicinity of the proposed rehab. bldg. to the Mazagaon Dock Ltd. (height restrictions).
ajay sethi
(Expert) 29 August 2013
it i s necessary to go through agreement signed by tenants with builder . whether parking space would be given depends upon your agreement . similarly clauses in agreement mentioning period within which possession has to be given has to be considered . corpus , additional area are matter of negotiation with builder before redevelopment is agreed upon
Rajendra K Goyal
(Expert) 29 August 2013
The agreement signed by the members is to be looked into. Agree with expert ajay sethi ji.
Raj Kumar Makkad
(Expert) 30 August 2013
Though parking slots cannot be sold and the society has to disburse it as per its own policy but even then the agreement is the base for the replies to your queries which you can get defined by a local lawyer.
