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Raj   15 March 2024

Flat not built as per committment

Dear All,

I booked a flat in Pune (Mahindra builder) in july 2022 during launch period. Now it is under construction. During my recent visit, I found deviation in construction of balcony and terrace.It is not as explained by them during my purchase. I raised this issue with builder and they accepted the mistake that sales team was not aware that Refugee Area is coming above my flat.When I requested the builder for some remedy they asked me to continue with same flat or cancel the booking. Property is already registered. As cancellation will lead to heavy loss to me which builder is not ready to compensate. What are the options I have?Can I approach RERA or consumer court against builder?

Thanks

Raj



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     15 March 2024

If the deviation is adversely affecting you then you an issue a legal notice to the builder to rectify the same and to modify the construction as per approved plan without deviating beyond permitted extent.

You can give a complaint with civic body and also with RERA against the builder and look for remedy.

If it is an under construction flat then how come the property has been registered on your name without completion of construction.

Raj   15 March 2024

Hello sir,

Yes, this property is under construction. Here registration will be done in the beginning itself. Flat is built as per layout only. But above to my floor, they developed refugee area and sales team accepted that they were not aware about the refugee area plan (Over the mail and video recording). 

They committed double heighted terrace at the time of purchase like other floor (5th, 7th etc), now it become single heighted. 

Thank you for your reply

 

Mr. Sumitra kumar (Advocate)     15 March 2024

Do you have association in society? If yes, make a complaint with RERA and Consumer forum as well.

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     15 March 2024

You can make a complaint not only with RERA but also before consumer redressal commission for unfair trade practice. 

The competent authority also can take action on your complaint about the deviation in construction violating the conditions of approval 

Advocate Bhartesh goyal (advocate)     16 March 2024

You should approach Consumer Commission for your grievances and claim compensation. 

Dr. J C Vashista (Advocate )     16 March 2024

You have both the options to approach either or both i.e., RERA and/or Consumer Commission of jurisdiction. 

Sidhhi   16 March 2024

Does it apply for tenants as well who are victims of deviations from the registered agreements for alternate permanent accomodation. Builder has reduced actual carpet area as well as floor plan appended with the agreement. Thanks

Mr. Sumitra kumar (Advocate)     17 March 2024

The victim is a tenant and thus cannot come within in the jurisdiction of RERA. Who are the Flateers?

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

The victims can approach appropriate legal forum for remedy and relief provided they possess documentary evidence for the injustice meted out to them. 

Raj   19 March 2024

Thank you all

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

You are welcome for your appreciations. 

 

 


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