[Resolved]  Damden — No Legal approval for Damden Solarium Mysore

Address:

Mysore, Karnataka

We have booked a flat on 19th August by paying 2 Lakh rupees and 50, 000 wire transfer in the below location residential apartments [4 building of 7 stories each] being constructed by "Damden Properties" which is named as _"DamdenSolarium" _ on the Plot #36 and 37 situated at Hebbal industrial area, situated in survey# 327 Part of hebbal Village, kasaba hobli, Mysore Taluk, Mysore District Karnataka state. Marketing representative Mr. Ganga told us the building would get completed within 4 months from the date of booking and he told that we will be getting a parking space below our building. We told him that we will be going for a SBI home loan or with any other nationalized bank just to make sure that property adheres to the all legal obligations, he said due to high lead time in SBI builder can try other loan lending companies when we told that we will go to LIC for loan he agreed on this. We approached LIC loan agent Mr. Girish in Mysore [Refer attached email] for getting the bank loan and requested Ganga to handover one more photo copy of property papers to Mr. Girish in Mysore since we stay in Pune and we will not be able to provide the papers to Girish from here. Mr. Ganga took almost 15 days to handover the property papers to Girish providing some or the other reasons to us for the delay. He also later insisted to go with private banks for the loan for faster processing, however we were not comfortable to go with a private banks due to some previous experience shared by friends and colleagues. Mr. Ganga told that original property papers are in Bangalore hence the legal evaluation should be done with a Bangalore lawyer, hence Mr. Girish submitted the papers to Lawyer Mrs. Poornima in Bangalore. Lawyer Mrs. Poornima after studying all the papers raised concerns over the property papers and requested more papers [Refer email attached] and builder failed to produce the required papers providing the reason that the Original property papers are in Mysore (Contradictory statements from the builder) and not in Bangalore and legal assessment need to be done in Mysore!. Moving forward, We paid Rs. 7000 to LIC Housing to start the processing of our housing loan along with lot of paper documentation courier to Mysore LIC office. Mr. Girish [LIC coordinator] Approached lawyer Harish in Mysore for getting the legal assessment done and Lawyer Harish also raised the same points, in addition to that he said this project need get approval from town planning authority considering that this is an auctioned land [Mr. Ganga builder marketing representative knows about this and he has spoken with Harish and he failed to convince the lawyer]. We approached the CEO of the company Mr Sukanand to get the clarification on this, but no response from them. The whole process of getting this legality cleared took many months, the builder didn’t offer the possession of our flat in December 2013 as promised unfortunately builder not even touch a single stone in the block-2 after we booked the flat. It is very unfortunate that we believed in the builder got trapped. Moving forward, … Mr. Ganga [Builder] didn’t cooperate well and didn’t communicate; builder has dragged this matter for many months. Builder always said over phone that we don’t need approval from MUDA and DTCP since this land is a industrial land, but builder never made any effort to get some documented proof of this matter, builder would have got a written letter from MUDA or DTCP and KIADB official that this property is clear of all legal obligations and doesn’t need any further approval, which builder builder never did. Builder could have also put an RTI application to MUDA DTCP and KIADB for getting these answers and builder could have sent us a scanned copy of these reply from competent approval authority to builder customer so that they can have sound sleep at night. Moving forward, … We thought that both the Advocate Poornima and Harish might be making some mistake in reading the property papers and thought of taking a third opinion and approached Advocate Mr. Vijay Suvarna. And for our surprise he also echoed the same points. Below are the point of concerns should be addressed to give legal clearance for builder property mentioned by the lawyers. • Approval of Town Planning Authority for residential Use of Land. • Approval Certificate of Panchayath. • Approval in writing by the Chief Development Officer of Board was required before Construction Demand the same mere Blue Print is not sufficient approval in writing is required (sale deed No. 13849 page No. 4) • Registered Deed of Declaration entered between Land Owner / Land Developer • In page No. 1 Paragraph No. 2 it is mentioned as Industrial Plot and same was purchased in Auction. • Page No. 5 of sale deed 13853 “Land can be used for Industry Purpose with the Approval of Competent Authority”. We were very worried about this and wrote an email to builder to get clarifications on this and got no reply and our phone calls where not answered. This forced us to written an email to builder to pay us our hard earned money back. When we got the reply from builder new marketing executive Mr. Moin Zakir [It seems builder change builder executive every six months to keep builder customer confused] it is very wage and not a concrete answer with any proof, also we didn’t get the contact information of the lawyer who had provided this legal opinion to builder. We have many concerns on the agreement points and we didn’t get proper reply on those points and builder are giving us notice to a cancel that booking before we make the agreement, this is very unfortunate and shame on builder’s part.