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Rahul Palav   26 June 2024

Pending work by old devloper

in my case our old building was of 3 floors and my flat was around 450 sq ft and terrace of 180 sq ft due to age of building society redeveloped our building and new developer constructed building of 7 floors, while framing new development agreements with existing members in my agreement he have given house of 550 sq ft along with terrace of 180 sq ft but he just constructed house not the terrace and given reason that at the time of oc he will amend the plan and construct terrace

but now after 6/7 years developers financial condition is week so he is unable to complete balance work and obtain oc

now society wants to handover the project to new developers, since our society have some balance fsi so new developer is ready to construct a new 8th floor on existing structure and obtain oc but in balance fsi he can only complete 8th floor and after building 8th floor all balance fsi will get consumed and he will not be in position to build my terrace 

but in balance 100% fsi there is my pending 180 sq ft but he wants to use my 180 sq ft also for his 8th floor without giving my terrace so what can i do in this case ?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 June 2024

If your rights are denied you may take legal action against him by making a complaint with RERA and also file a suit for injunction to restrain him from proceeding with proposed construction until your rights are restored 


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