Consumer complaint against builder

Naresh S. Patil (Querist) 29 March 2014 This query is : Resolved
My client booked 2 adjoining flats and requested builder to merge the flats as a single flat in Kalyan.
the builder did not get approval for modification in typical floor plan/building plan from corporation.
there was a single agreement for both the flats and registered as a single flat. he was paying service charges for merged units as a single flat. but now there was a dispute before co-op registrar's office and registrar ordered him to pay service charges on 2 deprate flats separately from 2005 (for 8 years which comes to Rs. 45,000/- ) since no approval for modification in typical floor plan/building plan was taken by the builder. the KDMC also confirmed that no approval for modification was taken and that their town planning dept. show 2 separtae flats.
There was correspondence and disputes going on with builder and Registrar since 2005. the Registrar's order issued recently.
I request experts to guide me on following.

1. can i file consumer complaint against builder for deficiency.
2. calculation of limitation period whether from the year 2005 (Occupation Cert date) or from the date of issue of registrar's notice jan. 2014.
3. whether to pray for condonation of delay if year 2005 assumed? whether forum will condone delay since client came to know of this deficiency recently.

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ajay sethi (Expert) 29 March 2014
your client ought to have done due diligence . he ought to have checked building plans sanctioned by corporation . since as per corporation records 2 flats are sold you have to pay maintenance charges for 2 flats .

if builder had wrongly sold you 2 separate flats as one flat contrary to building planss sanctioned by corporation file complaint for deficency in service and seek comepnsation . your case would be you only became aware when registrar issued notice demanding arrears . hence within limitation

Rajendra K Goyal (Expert) 29 March 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Modification-construction-plan-441986.asp

if any further query, raise in the same thread.