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spv83 (NA)     09 May 2013

Unapproved commercial shop in apartment


I recently purchased a new apartment in Ground Floor which is nearing completion. The builder has executed a Joint-Venture Agreement with the owner (say Mr.X) of the land. As per the JV agreement X will hold 780 sq. ft. UDS (2 apartments). Builder has got the approval to construct 6 apartments and can sell the remaining 4 apartments (one of which i purchased and own 505 sq. ft. UDS). Recently, X and builder are planning to construct a commericial shop in the car parking area that belongs to X for which approval is not sought as per the approved plan. When I objected for the construction of this commercial shop, the builder says its not in his control and says X is constructing only in his car partking space. Builder says he cant do anything and asks me to discuss with X regarding this. When i discussed with X he is adamant that he will definetly construct the shop.

1. Is X's point that he owns the car parking space, majority of UDS and can do whatever he wants with that space valid?

2. Can we legally stop the construction of this building?

3. What actions can we take against the builder who did not mention about the shop when we purchased the apartment. The drawings and floor plan or the brouchures given by him did not contain any mention of the shop?



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