Fwd: Delivery Status offer for possesion

[Anil Sharma]

19th July, 2012





M/s. SVP Builders (I) Ltd.,

17, Kiran Enclave

Main G.T. Road

Ghaziabad – 201 001



                       Sub: Shortcomings observed in Flats  (Flat T- IV
- 406)

Ref: Your letter No. SVP/GD/12-13/PL/T-IV-406 dated 9th July, 2012



Dear Sirs,



I am in receipt of your letter referred above.



In this context, I would like to bring to your kind notice that I had
visited the site of flat and it has been observed that the flat is not yet
ready for taking possession.  The shortcomings observed are given below:-



1.      A copy of the completion certificate may be provided to me for
enabling me to take possession.

2.      There is no provision for electricity connection now.  Without
electricity connection from U.P. Electricity Board, it will not be possible
for me to occupy the flat.

3.      There is no link road in the premises of the flats.  Without
completion of the roads, it will not be possible to occupy the flat.

4.      There is no parking space now.  Without providing parking space, it
will not be possible to occupy the flat.  You have not mentioned any
alternative parking after occupying the flat.

5.      You have not informed me the final super area of my flat till now
as per terms & conditions of allotment of Flat F IV 406 mentioned at sl.
No. 2 (a) .

6.      The registration of the flat may be done after finishing the
complete job before taking possession of the flat and after getting the
completion certificate from GDA and other certificates from concerned
Agencies, wherever required.

7.      The material used for construction and other fittings provided in
the flat are of poor quality and not as per the brochure.

8.      Copies of all inspection reports from concerned Authorities may be
provided.


9. May pl. clear the Open parking charge
You may take immediate action and confirm the action taken for removal of
the shortcomings mentioned above for enabling me to take possession of my
flat.

The Supreme Court ruled out on Wednesday 29.08.2010 that Developers cannot sell open spaces and stilt areas in their buildings as these are meant for common use and form part of the flats. Flat purchasers need not shell out extra money from their savings to buy parking spaces, both open and closed, from property developers at the time of sale. “Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”, the Supreme Court has ruled. These spaces are part of the “common areas” in flat complexes and not “saleable independently as a flat or along with a flat”, the court said in a judgment. The verdict sets a precedent even as the apex court took note that builders/promoters/developers were “indulging in malpractices in the sale and transfer of flats and the flat purchasers were being exploited”. The judgment delivered Tuesday by a bench of Justices R M Lodha and A K Patnaik comes in the backdrop of interpreting the legislative intent behind enacting the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1969. The court made the observations while dismissing an appeal filed by Mumbai promoter Nahalchand Laloochand Private Limited, seeking permanent injunction against a co-operative housing society to whom they had sold a few properties in Anand Nagar, Dahisar (East) in the city. They accused society members of “encroaching” into 25 stilt parking spaces in the building. The court said promoters will not be put to any financial prejudice by treating parking spaces as common areas since “he (promoter) is entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat”. “Can a promoter take a common passage/lobbies or say staircase or the RG area out of purview of ‘common areas and facilities’ by not prescribing or defining the same in the ‘common areas’?” asked the court and illustrated how the Maharashtra law mandates the promoter to describe the “common areas and facilities” in the advertisement as well as in the agreement later with the buyer. “The promoter is required to indicate the price of the flat, including the proportionate price of the common areas and facilities. If the promoter does not disclose the common areas and facilities, he does so at his own peril,” the bench observed. The court clarified that “stilt” or covered parking spaces were “common areas”, and would not cease to be so even if the promoter fails to describe them as common spaces. As per DNA reports: Developers cannot sell open spaces and stilt areas in their buildings as these are meant for common use and form part of the flats, the Supreme Court ruled on Wednesday. The ruling could bring relief to lakhs of flat-owners in different housing societies in Mumbai engaged in a tug of war with the builders over the sale of such space as parking lots. The court made it clear that the developers, or promoters, do not have the right to sell any portion of such a building which is not a ‘flat’ and the entire land and building has to be transferred (conveyed) to the housing society or an organisation. The only right with the promoter is to sell unsold flats, said a bench of justices RM Lodha and AK Patnaik. It was hearing a batch of appeals filed by Maharashtra-based realty promoters challenging a Bombay high court ruling of April 25, 2008. The high court (HC) had held that parking space enclosed or unenclosed, covered or open, cannot be a ‘building’, thus can’t be sold independently of the flats. The apex court bench also upheld the HC’s ruling that said it is a compulsory requirement (for the builders) to provide for parking spaces under the Development Control Regulation (DCR). Promoters are under obligation to follow the DCR, it had said. The agreement signed under the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA), between the developer and the flat purchasers must be in conformity with the model form of agreement prescribed by the state government. The bench said the model agreement does not state that the flat purchasers separately buy stilt parking spaces. The rights accruing to flat purchasers after signing an agreement under MOFA “cannot be diluted by any contract or an undertaking to the contrary”, it said. The undertakings contrary to the DCR will not be binding either on the flat purchasers or the society. As soon as the corporation concerned issues the occupation certificate and the society is registered, the building as well as the stilt parking spaces, open spaces and all common amenities become the property of the society. They cannot be put on sale by the developer.

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Warm Regards

Anil Sharma

[Vidit]

Sharma JI,

 

Just want bring to your notice...that It appears you have forgotten to modify T- IV- 406 to your flat no. ...or it is actually yours :)

 

Regards,
Vidit Kumar Verma