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Builder Traps Buyers

In order to sell flats Builder is giving false promises to Buyers

Krishnaraj Rao

Mumbai: Do educated people handcuff themselves? Yes, very often. Ask Sukhraj Nahar. The big boss of Nahar Group – one of India’s biggest builders – routinely makes top professionals and businessmen tie up their own hands. Lured by dreams of greenery and world-class amenities, intelligent people from Mumbai, Dubai, UK etc. book flats in Nahar Amrit Shakti complex in Chandivali, near Powai. The reality turns out to be dry and dusty, but the buyers rarely fight for their rights. Poocho kyon?

Because, in their Agreement of Sale, they renounce their right to seek legal remedies. Call it bullishness, lack of due diligence or herd mentality – the flat purchasers readily agree to numerous illegal and discriminatory terms and conditions.

A source reveals that someone bought a flat in Lantana building in Nahar Amrit Shakti complex. It is one of the 17 buildings built like conjoined twins inside a single plot called Sector R-12.

BeyondHeadlines has all related documents and photographs.

Documents and photographs show flat-purchasers living on a dusty construction site with stone quarrying happening in the surrounding hills, under Nahar’s supervision. The lush gardens, clubhouse and parking podiums promised by the builder are simply not there. The space reserved for parking podiums has been made into duplex flats, almost ready for sale. If Municipal Corporation of Greater Mumbai (MCGM) increases the Floor Space Index (FSI) or Transfers of Development Rights (TDR) in coming years, more flats will be built in the 50,000 sq ft. space reserved for the clubhouse; the stage has already been set by the agreement itself.

Does the Agreement specify what the Builder must deliver, and when?

The answer is No. There are no dates and deadlines for delivery – not even tentative ones.

Does the Agreement specify Common Amenities?

No. It only contains a bare minimum promise of delivering flat no. 401 on the 4th floor of a building called Lantana in Sector R-12 Chandivali, having built-up area of 842 square feet in exchange for Rs 42.73 lakhs. Even the number of floors in the building is unspecified. The list of amenities says “Children’s Park” and “Recreation Garden”. How big? Where? By when? Not mentioned.

Similarly, the agreement does not safeguard the buyers. The builder can even mortgage the whole building if he wants. The agreement talks about the rights and privileges of the land owners, who are signatories to this agreement, but is silent about their contractual obligations to the flat-buyer.   

Nine Parties are involved in the agreement. Are we finished with counting the loopholes in this agreement? No, not yet. A dozen more blatant unlawful points are lurking in the same agreement. 

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