Hi Experts,
I am new to this forum. I am trying to find some answers and get high-level understanding to see if i am being cheated by the builder so that i can proceed for the legal notice. Please help me with this.
I am going to lawyer but just wanted to have some high level understanding before i go.
I purchased a flat in Indiabulls (IB) Greens chennai with all my life's savings and with bank loan thinking that they are big builders, nice location close to office and my friends are also purchasing.
1. Super built up area(SBA):
Question:
Can builder suddenly increase SBA? what comes under SBA? who owns terrace of the blocks? Can SBA increase be different for different towers of same floors, same size and shape? Does buyer have the authority to get the details of the complete plans, reasons and math for UDS and SBA?
Facts:
a. I paid total 90% (25% by me and 65% thru bank) and now builder is mentioning that SBA is increased from 1243 sqft to 1353 sqfr which is an increase of 110 sq.ft.
b. i am actually getting only approximately 65% of the SBA as carpet area now. Are there any rules on how much minimum carpet area should be?
c. In the agreement it is written that IB can incrase SBA and the buyer is supposed to pay at the rate originally purchased
d. IB is not giving details how the SBA suddenly increased but they are just mentioning that we will give ownership of club house to the association that they will help forming. They are not sharing the math behind the UDS and the SBA. Note: only one club house for both phase-1 and phase-2
e. clubhouse is 17000 sqft. Total apartments - 350 in phase-1 and in phase-2 god knows how many. they are asking buyers to sign agreements for 7 floors but they are working on CMDA plan for 19 floors..it could potentially be more than 1000 apartments. Increase in SQ.FT of SBA is not common to the towers even though apartments of same size.
1000*110 = 1,10,000 but they are constructing only 17000 sq.ft and thats the only thing they revealed
f. They are even collecting 1,00,000 as club house membership fees
g. they are mentioning that Terrace will also be given to buyers and thats why SBA increase - do they really own the terrace?
h. they are telling they wont share how the SBA is arrived at and how UDS is arrived at? they will just share the supplemental agreement for clubhouse and amenities
2. Amenities:
whatever was promised and written on the brochure were not given? can buyer have right to ask for it and proceed legally? Unfortunately they didnt write any amentiies agreement yet?
if they are not providing amenities, why will i go to them? ther are local builders who wont do amenities but just build smaller 20 to 40 apartments with better quality and all provisions and with better UDS for lesser price.
Thanks
Rams