Duplex flat

Dear Client,
A building having an open terrace was built without the approved building plan of MC and sold amounts to a deficiency in service and unfair trade practice on the part of the Builder who is liable to be prosecuted once the matter is brought to the notice of the Municipal Authority for unauthorized construction and also by purchaser of the property under the Consumer Protection Act. Legally, a Builder cannot sell the open terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building. So, in the given scenario, serving a legal notice to the Builder you can file a complaint against him for deficiency in service and unfair trade practice before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming compensation for harassment and cost of litigation along with other reliefs. The complaint should be filed within two years from the date of the cause of action, i.e, from the date of detection of the deficiency in service. You can also file a civil suit for specific performance against the Builder before the Civil Court having jurisdiction on the suit property seeking appropriate relief.

Dear Client,
Go through your sale deed or agreement to ensure it mentions the 4th floor and the terrace space. Check if you were provided with the approved building plan by the builder when you purchased the flat. If the builder misrepresented the approval status of the 4th floor or failed to obtain the necessary approvals, you have grounds for legal action against the builder for misrepresentation or fraud. Approach the Municipal Corporation and inquire if there is a possibility to regularize the 4th floor construction. Some municipalities have provisions where unapproved constructions can be regularized by paying a penalty, provided they meet certain criteria. The association can make a joint representation to the Municipal Corporation for regularization or take collective legal action against the builder. Communicate with the builder regarding the issue. If the builder misled you about the approval status, demand that they take immediate steps to resolve the matter with the MC. If the builder refuses to cooperate, consider legal action for damages and misrepresentation. You can also file a complaint with the Real Estate Regulatory Authority (RERA) if applicable, depending on your jurisdiction. If someone has lodged a complaint against your property, ensure you respond appropriately. We hope that our response is helpful to you.