Builder not giving equal rights.
SARAVANAN
(Querist) 04 November 2015
This query is : Resolved
Dear Experts,
I have bought a 3BHK apartment in Chennai. There are 7 apartments in the building(3 in first floor - one 3BHK & two 2BHK, 3 in second floor and 1 in ground floor. The ground floor flat in not approved by CMDA). Till now 4 flats are sold and occupied and other 3 are under construction, perhaps no work for long time in the unsold flats.
The problem that I face is a planned discrimination against me by the Builder and one of his aides who owns an adjustment flat to my flat.
All of the flats have small Veranda in front of the main door of the flat. The builder has provided a gate in all flats (except my flat) such that the veranda becomes useful to them privately to leave slippers, shoes and keep other materials.
The builder did not keep this metal gate for my flat and when I asked about it, first he said it will be done in few days, and then the few days turned into few weeks and months. When I got irritated by this and asked him about it, and finally he said that the adjacent flat owner objects to keep a gate for you, so I will not keep the gate. The reason he said is the kitchen windows falls in my veranda area and if a gate is installed he cannot come to my veranda and clean his kitchen window’s outer face if it gets dirt.
After prolonged pressure, one day he just acted like fixing the gate, and the as expected the adjacent flat owner came and started arguing with the builder and me, and finally it went up to police interference. A Sub Inspector came to our building and accessed the situation, and he understood my grievance and the builder and adjacent flat owner’s planned discrimination against me. He said my grievance is genuine, but there is no written commitment about to whom veranda belongs to in any of our construction agreement and it was only an oral agreement that the builder gave us. The Construction agreement prepared by the builder is a just worth a shit and before when we asked the builder to put all the agreed things in the agreement, he said that ‘Sir, this is a standard agreement format we use for all, and we will do every this that we agree to you’ like that.
Then the SI told this is a civil issue, and I cannot give any verdict about it and asked the builder to discuss with all and solve the matter in peaceful manner. The builder agreed that he will resolve this issue by speaking to the adjacent flat owner and keep the gate, but still after nearly one year after this commitment after the issues there is no progress from the builder. Whenever I call him, he will say this tomorrow sir, this week sir, next week sir like that.
The builder got all this vengeance against me because I used to visit he construction site frequently ask him question on the poor quality of material being used many times.
Please suggest me what should I do now. Before I did not move to civil suit as I thought it is not good to take the builder to court which will further strain our relationship which is already not good.
I have following direct questions:
1. Can the builder now change the construction agreement of others flats stating the veranda belongs to them and just leave my construction agreement with no information about it. (Because I used to argue, if you fix gate for others, fix it for me too. If you claim the veranda is a common are then remove all the gates.) I know he cannot do anything with the UDS as it is already registered with government. I own the largest UDS in proposition to my Super buildup area. Can the builder make new construction agreement with increased the super buildup area for the all flat owners (excluding me) giving them the right of the veranda and hence break my claim that it is for all or none.
2. There is an unapproved flat in the ground floor which he is constructing now. Can I make any leverage using that?
3. The building itself is not as per the plan approved by CMDA. Can I use this as any advantage to negotiate?
After all, I don’t want to hurt anyone, but I just want to get my equal right and fix the gate.
Please advise experts. Please…..
Thank you.
P. Venu
(Expert) 04 November 2015
What are the terms in the agreement on this issue?
Raj Kumar Makkad
(Expert) 04 November 2015
1. You cannot be discriminated in any manner so this is a fit case to be filed before Society Court and moreover the terms of the sale/allotment cannot be changed suo-moto arbitrarily.
2. You can get that flat demolished by making a complaint to the authorities.
3. Definitely you can do it but he shall feel pressure only if you initiate any legal path to resolve your grievances.
R.K Nanda
(Expert) 05 November 2015
query too long.
Rajendra K Goyal
(Expert) 05 November 2015
Builder can amend the agreement if purchaser agrees to take / buy / include the area with builder.
You can approach consumer forum for poor construction and construction not as per approved plan.
Definitely you can twist arm of the builder for unauthorised construction.
SARAVANAN
(Querist) 05 November 2015
Dear Experts,
Mr. P.Venu,
Mr. Rajkumar makkad,
Mr. R.K.Nanda,
Mr. Rajendra K Goyal,
Thanks for your valuable time and suggestions. I will pursue the matter in the court. I am looking for a lawyer in this regards in Chennai, if you have trusteed friends here in chennai, kindly refer me them.
Once again thanks for all your valuable time.
