Hi folks,

As I earlier mentioned I am going to visit Pethkar - Samrajya today. I am finalizing a 2bhk unit there. The last rate quoted was Rs. 4200. Lets see how much they reduce the price today. If anyone has more info on this project/builder then kindly share. :D
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  • Originally Posted by pcpune
    I feel most builders mention this in Agreement to Sale and then construct extra floors/new buildings on club house/garden area WITHOUT the permission of the flat owners/society. Now, once and if the conveyance is done within 4 months, DO YOU THINK THE BUILDER WILL STILL BE ABLE TO CHANGE THE LAYOUTS ?

    I AM SURE THERE IS STILL A LOOP HOLE?

    Dear pcpune,
    In case of big size projects starting from 1 acre there is large possiblity of 'Change in layout'. the reason behind changing the layout could be additional FSI, TDR, demand-supply situation etc.
    What matters most is to understand the 'Intention' of the builder for changing the layout.
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  • Jitu_Sir,

    That is not my question, my question is -- Court has ordered that the flat owners permission is a must for ANY change, so what you are saying is builders will still not follow this order and act according to its own wishes - I dont know who would judge the builders intentions ?

    This is not about you, but I am just wanting to understanding how the builders will work against this court order ?
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  • Originally Posted by pcpune
    Jitu_Sir,

    That is not my question, my question is -- Court has ordered that the flat owners permission is a must for ANY change, so what you are saying is builders will still not follow this order and act according to its own wishes - I dont know who would judge the builders intentions ?

    This is not about you, but I am just wanting to understanding how the builders will work against this court order ?

    Dear pcpune,
    If there is clear guideline from the Hon' Court then builders must follow those guidelines. They must take prior consent of flat purchasers before any change in layout.
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  • Right,So, the builders (not you) are still thinking that the guidelines are still not clear, and then they would think about taking permissions from the flat owners.

    As of today, do you think the guidelines are still not clear ?
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  • Originally Posted by pcpune
    Right,So, the builders (not you) are still thinking that the guidelines are still not clear, and then they would think about taking permissions from the flat owners.

    As of today, do you think the guidelines are still not clear ?

    Dear pcpune,
    The guidelines must be clear and must be incorporated in MOFA. I would prefer to follow a 'Single Book'.
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  • Originally Posted by Jitu_Sir
    Dear pcpune,
    The guidelines must be clear and must be incorporated in MOFA. I would prefer to follow a 'Single Book'.


    Hi Jitu

    Samrajya has changed layout and I fully agree your intention behind it since you are within the earlier FSI limits. But my question is, did you take this permission from the existing buyers?

    Do you think this may be one of the factors responsible for the delay in permission for 8th floor onwards? Just curious...
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  • Originally Posted by Jitu_Sir
    Dear pcpune,
    The guidelines must be clear and must be incorporated in MOFA. I would prefer to follow a 'Single Book'.

    :) , I guessed it actually. Most builders even today dont give heed to the MOFA rules, - charging 30% to terrace, selling on carpet area, free parking, so why will they adhere to this rule for conveyance and change in layout ?

    So, what you mean to say -- all "good rules" are already there, there are circulars issued by various agencies - which act as loopholes so that builders can exploit it, and then unless the flat owners go to court challenging it -- neither the govt nor the police or the ACB will do anything about it.

    Hmm, good to know for the viewers.
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  • Originally Posted by Jitu_Sir
    Dear pcpune,
    The guidelines must be clear and must be incorporated in MOFA. I would prefer to follow a 'Single Book'.


    Changing layout and claiming that change is for the good/betterment without consulting and consent from existing homewners from the same project...is UNILATERALISM....what builder thinks BETTER is (read more flats/more sale-able area/more money) MAY NOT ACTUALLY BE so...for existing inhabitants.....(read more ppl/more congestion/etc etc....) point of view....

    The fact there is no existing legal framework to impose this..is rather sad....builders will NEVER let it happen....nexus between builder and politician (since they being lawmakers)...is far too strong for that...

    It is all very well known that our legal system..being so hopeless.....in case someone wants to take legal recourse against this...

    I am surprised to hear words such as betterment/good from builder community.....To believe them would be being naive....
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  • Originally Posted by punerebuyer
    Hi Jitu

    Samrajya has changed layout and I fully agree your intention behind it since you are within the earlier FSI limits. But my question is, did you take this permission from the existing buyers?

    Dear punerebuyer,
    We had not taken any consent from existing buyers since there was clear disclosure of could be change in layout in registered agreement.
    Originally Posted by punerebuyer
    Do you think this may be one of the factors responsible for the delay in permission for 8th floor onwards? Just curious...

    The delay in permissions for higher floors is not related to consent from existing buyers fro Change in layout.
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  • For everybodys knowledge here, it doesnt matter whether the builder has said in the "Registered Agreement" that Changes in layout are possible. The permissions from EACH flat owner is a must, there is now a HIGH Court ruling, which all courts have to follow.

    Hence, any member approaching the court -- it becomes very easy to win the case if the building is making ANY LAYOUT changes without your permission.
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  • Two staircases

    Hi Jitu_Sir

    Will this impact your scheme? As a builder, what is your response for this?

    https://www.indianrealestateforum.com/forum/city-forums/pune-real-estate/4369-builders-real-estate-bulls-theory-proved-wrong?p=263679#post263679
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  • Again delay in possession ??

    Respected Jitu_Sir,

    From my friend who has booked a flat in your O building, informed me that you are now saying that possession would be given to owners in Apr 2010. This date is not precise, and is not confirmed. First promise was Oct 2010, then Dec 2010, then Feb 2010, then 31st Mar 2010 and now it's April 2010.

    As you mentioned earlier, possession should be given by 31st Mar 2010. If not, you are entitled to give some amount to owners (as described in agreement).

    So are you going to pay ???
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  • Originally Posted by Manav_2010
    Respected Jitu_Sir,

    From my friend who has booked a flat in your O building, informed me that you are now saying that possession would be given to owners in Apr 2010. This date is not precise, and is not confirmed. First promise was Oct 2010, then Dec 2010, then Feb 2010, then 31st Mar 2010 and now it's April 2010.

    As you mentioned earlier, possession should be given by 31st Mar 2010. If not, you are entitled to give some amount to owners (as described in agreement).

    So are you going to pay ???


    Well from my personal experience, asking builder verbally about posession date is futile. You will always get vague answers. What is mentioned in the agreement document is important. In my dealings with a so called reputed builder in Pune, it happened so that, agreement had a mention of one date and builder was quoting me totally other date.

    So builder at best will try to observe the date which he has mentioned in the document, if you are lucky you will get at that time!!!. If you get it earlier then that is windfall for you :)
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  • Originally Posted by Manav_2010
    Respected Jitu_Sir,

    From my friend who has booked a flat in your O building, informed me that you are now saying that possession would be given to owners in Apr 2010. This date is not precise, and is not confirmed. First promise was Oct 2010, then Dec 2010, then Feb 2010, then 31st Mar 2010 and now it's April 2010.

    As you mentioned earlier, possession should be given by 31st Mar 2010. If not, you are entitled to give some amount to owners (as described in agreement).

    So are you going to pay ???


    Hi Manav_2010

    I believe you mean April 2011... :)
    And as mentioned by sakelkar, ask your friend what is mentioned in the agreement. At the time of booking, one should always ensure that builder puts the possession date in the agreement.

    As a goodwill and unforeseen issues, a builder can put some contingency (2-3 months) to verbally promised date while entering in the agreement and i am sure most of the buyers would accept this but beyond that is purely breach of agreement.

    Members on this forum also have shown that builders offering to pay rent for this period is also not acceptable.

    My thoughts: If builders really want to compensate, they need to pay the rent+interest amount for every month they delay the possession and even this cannot just continue for more than 2-3 months.
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  • Originally Posted by sakelkar

    So builder at best will try to observe the date which he has mentioned in the document, if you are lucky you will get at that time!!!. If you get it earlier then that is windfall for you :)


    someone can get early only if builder puts a very long delayed date in agreement and then manages to complete the scheme but in most of such cases, the verbally promised date will be much earlier and most of the gullible buyers didnt care to see whats the date mentioned in the agreement
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