Jodi flat - kitchen missing

Dear Client,

No, it is not legal. A builder cannot make structural or layout changes to a flat without the buyer’s written consent. Since you and your brother purchased two separate flats, There are two separate registered agreements, and no consent was given to remove any essential facility like a kitchen, the builder had no right to remove the kitchen from one flat, even if you were doing a “jodi flat” configuration.

The promoter shall not make any alterations or additions in the sanctioned plans, layout plans, and specifications without the prior written consent of the allottee. Removing a kitchen constitutes a major structural and functional change, which violates this section.

You can file a complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA), which grants the right to raise grievances for violations of the Act, specifically citing a breach of Section 14(2)(i) for unauthorized structural changes carried out without the buyer’s written consent. In your complaint, you may seek immediate restoration of the kitchen in the affected flat or appropriate compensation for the inconvenience and loss suffered. The complaint can be submitted either online or offline before the RERA authority of the state in which the project is registered. It is essential to attach supporting documents, including both registered sale agreements, any photographs showing the changes, approved building layout plans, and relevant communications with the builder. Prior to initiating proceedings before RERA, you may also issue a legal notice to the builder, giving him a final opportunity to rectify the issue by restoring the kitchen, failing which you will proceed with legal action.

Dear Client,
In the given scenario, serving a legal notice to the Developer/Builder, you can file a complaint against them under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudication Officer claiming compensation for the deficiency in service and deviation or breach of the condition of BBA/Sale Agreement. You can also file a complaint against the Builder for deficiency in service and unfair trade practice before the Dist. Consumer Commission under Sec.35 of the Consumer Compensation Act, 2019 claiming compensation for harassment and cost of litigation. The complaint before the Consumer Court should be filed within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. If required, consult or hire an Advocate to navigate the matter effectively.