Legal Question in Real Estate Law in India
DTCP Approved plan - Violation?!: Through a DTCP approved plan, our builder has planned to build 50+ apartments. We have booked an apartment of type 2BHK+1 Study room, based on their given floor plan. But while we verify the DTCP approval, we found that our booked apartment has been mentioned as 2BHK leaving the Study room as an extended living room. My builder is saying that they could facilitate the study room in place despite it is not in DTCP plan.
(1) Is it not violation of DTCP approval?
(2) Will it bring any legal problem in future (post purchase)?
(3) As per construction agreement (along UDS registration) which plan need to be highlighted to ensure the committed apartment delivery from the builder.
Please help me with your guidance
2 Answers from Attorneys
In case of Legal Issues only the said DTCP Plan and the Agreement will be valid and any such assurance by the builder will not help you.
Act at earnest.
17.02.2014
Dear Sir / Madam,
1. The builder is required to carry out the construction in accordance with approved plans.
2. Yes, if there are any violations.
3. The builder has to adhere to the 'completion date' as stipulated in the Agreement.
Regards,
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