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?
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. :(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. :(
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!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!
My comments to replies
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
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
7th August 2017
Hello Bijou, Are you talking about Asten VIvera? If I am not wrong than it is a completed project by Asten Realtors.
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.
4th January 2017
Hi, Is this the same ASTEN Mather advertised big time in 2013? I remember hearing radio advertisements.
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.
Q:
Hi!
I had bought an apartment in Asten Viveria at Thengod near Kakkanad.
The project was promised to be complete by 2015 and was delayed by the builder.
Now i.e. in October 2017, the builder is asking me to take over the apartment for which registration is incomplete, authority water and electricity is not completed and occupancy certificate from local authorities have not been obtained.
Is the builder right in his claim to handover apartment without these legal or official documents? Can a aggrieved customer refuse to take over in such instances?
Thanks
HI,
Living in flats without registration or occupancy certificate is an offence. As per law it is illegal for a building without OC to be occupied. There are several reasons for this, including 1) The building is not as per the sanctioned plan, has illegal unsanctioned floors or walls or extensions, 2) The building is not safe to inhabit because of quality of construction, safety of stairs or lifts, electrical safety, fire safety, airline safety, etc.
Thanks a lot Shyam
17th October 2017
Thanks Muniraj
17th October 2017
No, do not take possession of flat in absence of completion and occupancy certificate. It will consider as illegal and some basic amenities will discontinue by the local body. A building, of which possession has been obtained without taking OC, can be demolished at anytime. If builder had completed building as per sanctioned plans completion certificate would be issued by the authorities.
Thank you very much Bharat, for this advice
17th October 2017
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