| Address: Mumbai City, Maharashtra |
I had booked a flat under construction through Agni property that has now changed its name to India homes. The flat has been taken from M/s: Ravi Group, Monarch & Qureshi Builders (Partner/s, ) Laxmi Palace, 76 Mathurdas Road, Kandivali (W), Mumbai-400 067.The property was purchased on 23/02/2011 at Flat No: 1705 in respect of GAURAV LEGEND, “A” Wing, situated at CTS No: 581 To 585 of Village OSHIWARA, Andheri West, Mumbai. During the time of purchase I was told that the title on property is clear and the plan has been approved and no changes further would be made on the plan. Since I was aware that Agni property had received several awards and was well known I went ahead further to purchase the property. Till date in the allotment letter they have not mentioned whether the area is carpet area, built up area or super built up area. On the allotment letter the area of the mentioned flat is 495 sq.ft. and rate has been charged Rs.9800/-, the total value of the Flat agreed & mentioned Rs. 48, 51000/= including stilt/podium parking. The project is approved under SRA (Slum Rehabilitation Authority).
I had received a letter from Ravi builders dated December 21, 2012 informing that due to additional fungible F.S.I. made available on the property on account of amendment in the D.C. Regulation, the plans of the building is amended and therefore area of each flat has been increased by _____ % approximately. I want to highlight the fact that the builder has not mentioned the % increase on the flat.
I have visited several times in their office and also send various letters and even lawyer's notice given to confirm the doubt regarding the area and I demanded the Block Plan, I.O.D., C.C., and full set of previous Approved Plan and amended approved Plan with chart of F.S.I. Index, Property Card of the said Plot, and any correspondence with the appropriate authorities concerned to the additional Fungible F.S.I. on the property due to amendment in D.C. Regulation but the staff have still failed to produce any one of the document before me and I was told that the Plan is under process of sanction by the appropriate authorities. It is very shocking that without sanctioning the Building Plan and they are compelling me to pay the additional amount for 100 sq.ft.
Since the builder was not providing me with the plan. I demanded for the plan from SRA under RTI Act. They provided me with both old and new plan.The New plan provided to me dated 05.01.2011 mentions that 346.47 sq.ft is the built up area and 20.93 sq. mt is carpet area which approx comes to 225 sq.ft whereas the allotment letter dated 23.02.2011 provided by Monarch & Qureshi Builder (Ravi Group) states 495 sq.ft built up area and he has confirmed verbally that the carpet area is 354 sq.ft.
Accordingly as per the allotment later dated 23.02.2011 the new plan had already been approved prior to that on 05.01.2011 only whereas Builder has sent me the letter dated 21.12.2012 stating that the plan has been amended and there is an increase of 100 sq ft in area which is from 495 sq.ft to 595 sq.ft for which additional payment needs to be made. But as per the information provided to me by SRA the plan has been amended on 05.01.2011 and after that there has been no amendments. Firstly the builder has sold be with incorrect area on 23.02.2011 as the plan does not mention area of 495 sq. ft instead it mentions area of 346.47 sq.ft. The area of 495 sq. ft was approve in 2007 at that time I was not involved in the purchase. I have purchased the flat in February 2011 when the latest plan was already released with area of 346.47 sq.ft.
Also despite selling me with incorrect area of 495 sq. ft the builder is demanding additional money for 100 sq.ft which is nowhere mentioned in plan. Instead the area has decreased not increased and he is illegally demanding extra sum of money. The builder states that since the State government has made a change they have changed their plan. Also recently I was told that the plan has been sent for amendment in 2014. This means it would be the third time there is an amendment in the plan. How many times a builder can change his plan? This is a clear case of Campa Cola that is going to take place. There is no IOD, CC for the plot as well. Also the Builder from Ravi Group Mr. Jayesh Shah is blaming State Government for the amendment in plan.
Also, despite asking for CC several times the builder never showed me the same instead kept delaying. I have got the letter from SRA under RTI attached for your reference where he has permission only till plinth whereas he has constructed till 10th slab and taken money also in advance. Also, the builder should pay rent for delay in giving possession. As the possession should have been given within 3 years. The builder is not ready to pay with the reckoner rate either. Also, the builder has sold me Rehabilitation project where he has demanded extra FSI by cheating on the area. The builder has taken extra FSI for area of land that is not allocated to the builder and has also manipulated by showing more number of slums which were actually not present in area. He has also made stamp duty & registration for those purchasers who have paid the 100 sq ft amount which should not be made as the plan is only not approved. All the project under this builder has been done by cheating. Was this information helpful? | 
