Can a builder alter building size and floor plans at the builders choice without approval of customer?

Q: I had selected an apartment in the project liking a particular balcony view and as the building size was less. However after collecting the booking amount and now nearing completion, the builder says he has altered the floor plan moving the balcony elsewhere and increased another 3 number floors for which approval is still awaited. Can this decision of the builder be contested?

Bijou, Kochi

3rd January 2017

Other in Asten Viveria, Kakkanad, Kochi

change in floor plan

change in apartment sizes

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Replies (6)

Hi Bijou,

I had recently visited Viveria flats and as per them the final approval will be received in a months time. Even they are informed that, the payment shall be made once the final approval is received. Do you have any information later since I was planning to purchase

Sam Parayil Rajan,

7th August 2017

Comment

Hi Sam,
The handover date was initially December 2015 and it is still going on as of today August 2017. Yes, I feel that the builder could complete works in the next 2-3 months time. I am not sure though about the approvals. In my understanding there is the rise in the number of floors and fact that building is located in a low lying and possibly farmland.
Personally, I am not happy as a customer as they changed the layout without my permission, had rude customer service person and increased the number of floors from the information given to me at booking time.
Otherwise the builder and the project seems ok.
Best regards

Bijou, Kochi

7th August 2017

Hi Bijou,

Is it possible to speak to over phone to have more information about the project before we confirm the deal. If it is ok, you can reach me on my email ID Sam_Rajan@hotmail.com

Sam Parayil Rajan,

15th September 2017

Hi, Is this the same ASTEN Mather advertised big time in 2013? I remember hearing radio advertisements.

Anwar Rasheed,

5th January 2017

Comment

Yes Anwar. The builder was introduced as Asten Mather initially then, I guess may be due to legal issues, they market as Asten Realtors. The apartment may not be big time, the 38-40 Lakh apartment is now listed by the builder themselves as "Budget Apartment". I guess the builder may have moved up big time at the cost of customer.

Bijou, Kochi

5th January 2017

Again, I am not sure if other home purchasers have experienced this with other builders but the building is built some 15-20 meters below the nearest access road level. There have been issues of flooding during construction. A normal buyer, looks at the area plans and building elevations, but seldom at elevation of building with reference to the access/main roads. Lessons learned for future buyers!

Bijou, Kochi

4th January 2017

Comment

Thanks Kunal for the response. The builder intimated me that they have all such rights to modification by a clause in the Contract Agreement, that reads thus:
"""""That the CLIENT understand and agrees that the BUILDER, at their discretion, can make necessary changes during the execution including minor changes, dimensions, specifications and / or location within the project site. The CLIENT is aware that the details furnished in the brochure given by the BUILDER is only for information and not forming part of an offer whatsoever in nature and the CLIENT covenants not to raise any objections or claims in future on this account.""""""

Looked like a harmless clause at time of joining but turned out to be a hidden dragon. :(

Bijou, Kochi

4th January 2017

Comment

Hello Bijou, Are you talking about Asten VIvera? If I am not wrong than it is a completed project by Asten Realtors.

Harmeet Kaur,

4th January 2017

Comment

Yes Harmeet, I am talking about Asten Viveria. No, it is not completed yet. Initial commitment was by December 2015, the handover dates kept on extending; latest intimation is by Mar/April 2017. Keeping fingers crossed.

Bijou, Kochi

4th January 2017

Usually the builders cannot alter or modify after he has received the approval for the plan. Before the approval they can but again if the building plan does not match the criteria then they won't get all the necessary approval from legal authority and major banks.

Kunal,

4th January 2017

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