Violation of ulc by builder/bmc
vinayak deshpande
(Querist) 20 July 2014
This query is : Resolved
Sir,
I have purchased single flat from builder who is also a very well known company in consumer goods. The building has received oc in 2003 and i have purchased the flat in 2004.My agreement mentions area of 990 sqft carpet.recently all the residents have received notice from BMC that 2 flats are amalgamated illegally by every one and should be brought back to condition shown on OC. After getting the oc in RTI , it shows two separate adjoining flats of smaller size.Since I am civil engineer by profession; i checked and found the RCC structure is made for bigger size flats and BMC is involved in this fraud from very start.Certain cases are filed earlier by other similar building in our plot against builder for insufficient parking available on ground and i feel hence they have issued this notice.please guide for legal remedy. i am feeling cheated.at this point i am not getting any buyer due to this complications.
Devajyoti Barman
(Expert) 21 July 2014
First see whether this irregularity can be corrected even if on payment of some penalty with the BMC.
If it is done then it is best solution.
Devajyoti Barman
(Expert) 21 July 2014
If it fails then asking for compensation from developer through consumer forum remains last option.
vinayak deshpande
(Querist) 21 July 2014
This options were tried with bmc but they say is nor possible due to ulc exemption taken.
If it is proved in petition that bmc and builder both together has done this fraud and using this fraud they have constructed further apartments by using tdr in the same plot keeping only 28 parkings to our 180 two bed and three bed flats there by keeping very less open area in the plot. is there any chance of regularisation by paying some penalty.
Devajyoti Barman
(Expert) 21 July 2014
File a writ petition then to challenge the notice.
Devajyoti Barman
(Expert) 21 July 2014
File a writ petition then to challenge the notice.
Raj Kumar Makkad
(Expert) 21 July 2014
Filing writ petition in the high court is the speedy remedy in the given facts.
T. Kalaiselvan, Advocate
(Expert) 23 July 2014
Such irregularities and absolute deviation in constructions are common in Mumbai like cities where such private builders in connivance with the BMC authorities make fast buck and retire from the scene leaving the innocent owners to suffer at a later stage. Writ petition before high court and also a case before consumer forum against the builder may be initiated but take further advise from local lawyer based on the circumstances.
M V Gupta
(Expert) 23 July 2014
The fact that OC has been given by the BMC in spite of the alleged violation of the ULC conditions shows that there was collusion between the builder and the BMC officials. This my be a cause for criminal proceedings against them. But the violation of the ULC conditions gives right to the State Govt to acquire the property.(see the conditions in the ULC permission). It is doubtful whether the HC will interfere in the matter and strike down the notice given by the BMC.
vinayak deshpande
(Querist) 23 July 2014
Since ulc is abolished in maharashtra few years back; is there any chance of getting it regularise by paying penalty by us or by builderas it is a question of two 25 storied towers and 178 families.entire fsi and allowed tdr is consumed by builder but ngt has given stay for oc for part of the new building raised on tdr for parking and rg area issue raised by residents
