I bought a flat in Bangalore, where the original approved plan by BDA was to construct 10 flats (G+3). During the time of purchase, it was still under construction and the builder mentioned that he will be building it as per the approved plan and there will be no violation and we will get the Occupation Certificate and all other necessary documents - It’s a Join Venture between the erstwhile land owner and the Builder.
However, when it was nearing the completion, it was noticed that he actually built 12 flats (B+G+4) and a pent house for the erstwhile landowner. Since there are nearly 7 independent owners, we spoke to the builder on why we were cheated against the original approved plan. He mentioned that we do not have to be worried at this will get formalized via Akrama Sakhrama. However, we later came to know that he did not get the commencement certificate for this building as well.Also, when we asked for the OC, he mentioned that he will issue the OC from his side, as a builder, but we cannot get the OC from BDA due to the violation.
Since the erstwhile landowner stays in the same building, they are making issues in terms of parking as well. The erstwhile landowner and the builder says that they will allocate the parking for the owners and we have to accept whatever they allocate to us. Since it’s a 4000 square feet land area, it’s too difficult to barely park 9 cars.
Also, due to the violation in the approved (10 Flats)Vs actual flats (13 flats), we lost the UDS percentage as well since I see that he has given the UDS share to the unapproved flats and did not equally share it.
Hence, I would like to take your suggestion and opinion and request for guidance to take it legally, if this can be won in the court of law.