Fungible fsi,mumbai.
Balasubramanian
(Querist) 21 October 2014
This query is : Resolved
Fungible FSI,Mumbai.Commercial Complexes.
We are the members of B.H.C.Municipal market licencees's association not registered still.In 2004 Municipal Corporation had invited private players to develop the municipal markets for whatever reason,as laymen we do not know. We had given irrevocable consent letters to RNA Group's GA Builders to redevelop the market in 2004.he had promised us 20% increase in existing area of ours and an alternate place during the construction period or monetary compensation during the construction period (i.e.rent +Corpus fund),now due to market conditions or the elder family member passing away they feel the oral commitment made by the elder is not viable or feasible now and say we can give you only a certain sum not fixed as corpus or whatever you may name it and that too in monthly instalments only.
area of our gala is 154 sft each.
My contention is since as per 6,Jan 2012 Maharashtra Government notification w.r.t.fungible fsi,as such we are eligible for free 20% increase in fsi legally as exisiting tenants and he has not shown us any favour and we have to get additional 20% increase in fsi as promised by the redeveloper in our proposal then in 2004,as he has got his plans passed in 2014,when fungible fsi is applicable.He says he has lost lot of fsi which was available to him to free that time i.e.before 2012 and is not possible to pass on this fungible fsi to us in addition.
But the IOD Condition given to him by BMC in march 2014 clearly mentions he has to obtain a General Body resolution of members of the association for utilization of fungible fsi to the existing tenants, please advise!
N.V.Balasubramanian.
Devajyoti Barman
(Expert) 21 October 2014
Meet a local lawyer since it involves issues of local laws.
V R SHROFF
(Expert) 21 October 2014
contact nearby advocate..
sab ka hoga, tumara hoga...
ajay sethi
(Expert) 21 October 2014
if the builder had given any such commitment in writing then he would be bound by it . if only oral commitment was made builder can refuse to honour the commitment made . as to issue as to whether you are entitled to 20%additional area send letter to builder in this regard pointing out notification issued by BMC in this regard .
Devajyoti Barman
(Expert) 22 October 2014
author is insatiable..he needs complimentary advice only..
Balasubramanian
(Querist) 22 October 2014
The forum is meant for exchange of views not for any criticism,only the wearer knows where the shoe pinches,insatiable can be kept with the person commented,don't require his valuable advise!
Devajyoti Barman
(Expert) 22 October 2014
iT PROVES ONCE AGAIN THE TRUE INTENTION OF THE AUTHOR..GET SATISIFIED WITH WHAT YOU GET FREE OF COST..FOR CUSTOMISED ADVICE LOOSE YOUR PURSE.
