Violation of approved bbmp plan for a flat


Dear Members,


I have a query and i hope some of you may be able to help me in understanding.

I have bougtht a Flat in a Small apartment (in Bangalore), Now i understand that the Apartment has violated the construction where the builder has go approval only for G+3 floors, but this builder has constructed G+4 floors ( a Pent house and has occupied himself) this floor also houses a community hall and a Gym for the apartment. This construction has a A-Khata.

Now i have been told by Builder and his people in BBMP that we will not get A-Khata and there would be huge fine for violating the construction. The builder says everyone has to bear the penalty for the same. Now i need your help in understanding how a typical apartment owner of this building is liable to bear the penalty which is not done by them? Secondly this apartment was bought with bank loans who will provide loans only after verifying right approvoals.... So I want to know What are my rights when the builder has violated the construction rules? How can we (the apartment owners) can resolve this situation and get a A-khata from BBMP, Bangalore.

May i request your to spare few moments and suggest me what can be done in this regard,? This query may be very common in Bangalore (for that matter entire india) Is there any regulating mechanism for Builders?

Your help will be geatly appreciated. Thanks in advance.

 
Reply   
 
Jadhav & Associates

When a nationalised bank provides a loan, it checks the documents of the flat only to make sure that in case you do not pay the loan, then can they recover their loan amout from you. So, the bank's decision is based on the likelyhood of your not paying the loan amount and in that case if the bank sells the flat waht amount it may get for it.

So, you cannot buy a flat saying that since the bank has cleared the loan, then the builder must have met all legal conditions. Like you believed, the bank may also have beilieved that the builder would follow legal procedures.

Also, you must have been given a copy of th eoccupation certificate by the local municipal corporation before which you cannot occupy the flat. Has that been given?

In any case, the corporation will issue the notice to the builder who has to pay the penalty but he may try to recover the money from customers. You do not have to pay such penalty amounts for which you are not responsible. You may also approach the consumer court.

Please take proper legal advcie from a local expert.

S Jadhav

 
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I started construction of house in bangalore without BBMP aproval ,now 80% of work was completed,some of bbmp persons came and asked money i payed but still some one asked to pay the money or otherwise i sent a notice to you.please help me..

 
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