Objection on use of fsi for construction
Dinesh Kandpal
(Querist) 29 April 2015
This query is : Resolved
Dear Sir, we are a project with 2 societies in one plot of land, wherein one society A is managed by society themselves and other society B is still with builder due to incomplete project. With lot of hardship, we have managed to make builder pay penalty for regularisation of society A, but now after regularisation of construction whoch was done without CC, society A has put in an objection with BMC to not allow builder to use premium FSI to take CC for pending construction of Society A and B both, so now what can society B do to get CC for pending construction without NOC of society A? Pls guide!
Dinesh Kandpal
(Querist) 01 May 2015
Dear Sir, This project started in 1996 as a new launch and is yet to see light of completion. The project initially had one name, then after 7 years bifurcated into 2 projects (one with 2 buildings, and second with 5 buildings). Society with 5 buildings took over maintenance from builder 6 years back, and for 2 buildings maintenace still with builder and an association is there to foresee. The project of 2 building is having 3 floors pending for completion and people have paid money. The project with 5 buildings had irregularities, construction without CC, and now after payments and regularisation, they have given letter to BMC stating not to allow builder to use fsi for construction! the regularization is also done on the basis of using 0.33 fsi but CC charges for irregularities yet to be paid. Our project just needs CC, so what should be our approach to get CC and work to start!
T. Kalaiselvan, Advocate 
(Expert) 03 May 2015
Discuss the issue among the members and take the help of a local advocate to solve the issue legally.
Namitabh Kothari (9930992660)
(Expert) 30 April 2015
