Our builder made set back violation and FSI deviation
Respected Lawyers,
(a) Our apartment docs. Verified after 7 yrs. Of the builder hand it over to the buyers. Found set back violation and FSI deviation.
(b) Builder still doing good business till date. How to get hold of him for plan re-approval and for payment of CMDE fine if levied?
(c) If he will turn down our request, kindly guide us what type of legal action through court of law can be taken to get hold of his commitment to pay the penalty, if the CMDA authorities levied at a later stage?
(d) If the CMDA issued notice and fined, in the absence of builder�s commitment to pay the same, on what proportion does the flat owners in this apartment have to pay penalty, whether it is on the individual flat owners holding of �Built Up area� or on the �UDS� as per the Regd. Sale Deed of the individuals? This is due to the reason in our apartment �No two flats are identical both in UDS or Built up, as well as no justified equal percentage ratio applied on the Built up / UDS in land distribution.