Saravanan S
Asked March 11, 2017

Deviation from original floor plan by builder

  • 2 Answers
  • 2635 Views

I am buying an apartment but in the plan it shows 3 flats on each floor but the builder has combined it and made it as two appartments with any deviation in the original plan is that okay?

Answers 2

If you have entered in to an agreement, then it is not okay. However, if you have been offered one type of unit with a specified area, etc. then deviation from it, without residents/purchasers' consent, is actionable against the builder for the reliefs like refund of the amounts, etc.

Agree Comment 0 Agrees over 3 years ago

When a builder seeks approval from the government on the layout plan, it is just on paper. When the actual construction takes place there will always be deviation from approved layout plan. Keeping this in mind, Govt authorities allow deviation of +5% to -5% from approved layout plan.

In your case the deviation is far too much. Hence you have --- modes of fighting the forgery committed by the builder.

  • First and the most speeding mode would be that you file a case against the builder in the consumer court forum against the breach of obligatory duties and contracts conferred on the builder.

The Consumer Protection Act provides a three tier machinery for redressal of consumer grievances. The District Forum is at the lowest level. The District Forums are established in each District and have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed does not exceed Rs.2000000 (Twenty Lakhs). The State Commission is established in each state and have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore. The National Commission has jurisdiction to entertain complaints where the value of the goods or services and compensation if any claimed exceeds rupees one crore. A consumer can file a complaint in the consumer forum against the builder/developer. The complaint must be filed within two years from the date of the dispute. 

If you wan compensation for the loss then you have to file a case under section 73 of Indian Contract Act, 1872. And if you want the builder the perform the act you have to file a case under Specific Relief act, 1963 under section 12

  • You can also file a complaint against the unfair practices of the builders before the Competition Commission of India which has been empowered to investigate anti competitive practices and impose stringent penalties on the offenders.  The punitive measures given under the Act will have a deterrent effect on the real estate industry and help in promoting a fair competition in the market that will ultimately be beneficial for the prospective allottees. However a complaint before the Competition Commission can only be made against those builders who are dominant in the market. 
  • You can file can file a criminal case under the provisions of the Indian Penal Code, 1860 under sections 403[i], 405[ii], 417[iii], 420[iv]
 

[i] 403. Dishonest misappropriation of property

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

[ii] 405. Criminal breach of trust

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".

[Explanation [1]- A person, being an employer [of an establishment whether exempted under section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee's contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]

[Explanation 2- A person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under. the Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]

[iii] Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation- A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations

[iv] 420. Cheating and dishonestly inducing delivery of property

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Of Fraudulent Deeds and Disposition of Property

 

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.