I have a couple of queries regarding an apartment purchased by us in Vrindavan, Uttar Pradesh:
- When the purchase was made, the common area next to our apartment was an open balcony. It was shown in the images, rendered video, etc. as well. Also, this balcony was built and is visible in the pictures of the project on every floor, till a few months back. However, now the builder has converted all these balconies into small rooms, presumably for the service staff. Is this legal, especially since the UP Apartments Act 2010 requires the builder to take permission from the buyers for changing the common-area?
- The images, rendered video, sale brochure, etc. all display the area in front of our building as parking. However, once again, the builder has constructed shuttered, garage/room like structures there and is refusing car parking.
- The builder is not providing us the completion certificate without which we do not want to register the apartment. Instead of providing the completion certificate, the builder is asking for penalty charges for not taking possession of the flat.
- The builder is also asking for maintainance charges at the rate of Rs.3 per sq. ft. of super area. Is this legal, considering that the charges seem high as well as the fact that the house will be maintained by us and not them. Shouldn't the maintainace charges be only for the common areas? In addition, they have taken an interest free maintainance security. Are they legally allowed to collect this?
If someone could please clarify these issues to me, I would be really grateful. I am hoping to sort out these issues as soon as possible else I would be forced to take up the matter in court. So, any advice is appreciated.
