Sell of independant floors on unapproved plan
Jagdish Singh
(Querist) 13 April 2010
This query is : Resolved
R/Sir
I booked a flat in a project ERA devine court of ERA group in faridabad Sector 76 on 5th OCT 2009. The project was sold out on layout plan of the society showing all features of the project like your flat number, its location, dimension, parking space and other things.
later when laon was applied against this property it was revealed that this project does not have approval of HUDA authorities and disbusment is not possible.
Now builder is started work at sight and has changed the complete layout plan at his own. He has constructed the additional flats on the space shown as greenery and parks. The size of flats has been reduced by 15 percent. There is no approval of this project as yet. The motive of booking a home is completely defeated. Neither builder refunding the money nor providing any details about approval. Local authorities are in picture but reluctant to listed against him.
What can be done in this regard to recover my hard earned money. He is asking for further payment and to accept the flat what is being constructed with out any approval.
please suggest actions which can be taken in this regard.
What could be done to come out from the loss
R.R. KRISHNAA
(Expert) 13 April 2010
Send a legal notice for refund of paid amount.
You can also file a criminal case against the builder for cheating (as the builder first showed you a layout plan but is now constructing flats with a different layout plan).
Also make a complaint before the HUDA authorities about the fradulent action of the builder and seek stoppage of construction.
adv. rajeev ( rajoo )
(Expert) 13 April 2010
Issue notice to the builder to refund the money showing all the illegal acts done by him, if he failed to refund your money then file a consumer case with details taking contention that builder has played unfair trade practice, which comes under the consumer act.
