Hi,
We have a legal fight going on with our builder. The Builder is trying to construct an additional building in an open space earmarked for a Garden. This building was not part of the original lay out which was disclosed to the buyers at the time of purchasing the flats.
We filed a case against the builder. Our application for stay of construction was first rejected by the lower court of Thane & subsequently was accepted by the appealate court. However the final suit was recently decided & unfortunately it did not go in out favor.
We had cited the attached judgement of High Court in our case. Although the case is not similar but the inferences drawn by the High court completely favor our stand that the builder can not build the additional building without our consent as the building is not part of the already disclosed lay out. please refer to the pages 43,44 & 45 of this judgement.
In our case the plaintiff is only one & the society is not the plaintiff. I wonder if that would made any difference. We are yet to receive the copy of the judgement, which is expected in a week or two.
Thanks in advance.
