This is a large project in Mumbai which has been under construction for more than 3 years. Nearly 300 of 1000 flats in the project have been sold. For various grievances around 50 buyers have got together to address their grievances with developer who has chosen to ignore their written notices.
1. Developer had promised to provide certain usable areas like dry balconies in kitchen, balconies in rooms,etc In registered agreements and brochures these areas are there but do not form part of carpet area. In fact even 5-6 floors had been constructed based on approved CC which now builder is planning to change and break these areas without taking any consent from buyers. Buyers stand to lose 15% of total usable area promised to them
2. Project is delayed by 2 years. At time of registration environment approval was not obtained as the MOEF had restricted buidling above certain height linked to height of road. this was never disclosed to buyers and project is delayed/stuck till this is amended by govt.
3. Project was positioned as luxury project, now builder has changed layout of few towers which were not launched earlier to launch smaller units ( 1 BHK flats) which was never told to buyers. even though as per agreement he has a right to decide , buyers would not have bought had they known this fact. This also compromises amenities available and number of units in the project.
Needless to say agreement is one sided with all rights in builders favour. Another problem is that somehow 50 buyers have got together but we are sure another 250 buyers are also unhappy about these acions but we cannot reach out to them
For all these grievances as a group of buyers have written to him but to no avail. Need guidance on following:
1. What legal forums should buyers approach..should it be CCI, consumer forum or civil court under MOFA
2. Should they send any legal notice before approaching any forum. till date they have only written to them as group
3. Is the group of buyers required themselves to register/incorporate as society is not yet formed and the group is not incorporated
4. What is likelihood of sucess for each of these grievances. Buyers claims for each person would be in the range of 20-25 lakhs so total claim will be around 10 cr
5. Can buyers choose to keep writing to him and file cases only on possession in 2 years even though cause of action arose today, this to ensure no delay of project due to legal case and then may be there will be a larger forum of buyers
thanks
