Comment on Contact Us by A Mehta.

I had booked an apartment in a project in Bangalore in 2007. The project had stopped for 3 years after the economic downturn in 2008. At the time of booking, we were told that there will be 5 towers with varying floors, the tallest having 3 wings with 19, 21 and 23 floors. I had booked the apartment on 21st floor so that I will have full privacy and no other flat will overlook my apartment. Now 1 tower is completed and other 2 are in varying stages of construction. The builders have now scrapped the plans of having 4th and 5th tower of about 17 floors and in its place is building one tower of 49 floors. This is going to invade into my privacy so that my paying premium of 21 floor is a waste of money. Is the builder’s action justifiable and do I have any recourse against the builder for going back on their promises made during the time of booking the apartment. My apartment has been registered and interior work in the flat is also completed though I have not yet moved in. I have printed brochures and website downloads which show the still to be constructed apartments, now going to be built in Stage 2 as towers with 17 floors.

A Mehta Also Commented

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Thanks for the advice.

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I am staying in Bangalore. I had purchased a flat in one of the Apartment buildings over here. I got a car park with the flat and the sale deed mentions that the car park bearing the no. of my flat is assigned to me for the sole use and enjoyment of the purchaser (myself). Later, I also booked another flat in the same project and a car park was allotted to me in the similar way for the second flat also. While negotiating for the 2nd flat, I got an extra car park allotted for the 1st flat against the referral fees payable for the 2nd flat. There is no mention of this 2nd car park in the sale agreement. Other flat owners who have got 2nd car park or the dependant car park have got their 2nd car park registered separately.
Do I need to get the 2nd car park registered as this does not form part of the sale agreement or just the allotment letter by the builder is sufficient? Can there be any dispute regarding this in future after the builder hands over the project to the registered association. Part of the project is completed just a few months back and rest of the towers are still under construction.

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