Bombay HC seeks Wadhwa Residency's reply in row over altered flat layouts
MUMBAI: The Bombay high court on Tuesday directed builder Wadhwa Residency to file an affidavit on plans and approvals granted for 'The Address', a realty project at Ghatkopar, after buyers sought adherence to represented layouts.
Boulevard 3 and 4 Co-operative Housing Society Ltd, through its committee member Arun Bansal and an ad hoc committee of Boulevard 1 and 2, a proposed co-operative housing society, through its committee member Krishna Kabra, both having addresses at 'The Address' had moved against Wadhwa Residency Pvt. Ltd to enforce their rights under Maharashtra Ownership of Flats Act (Mofa). The buyers, represented by counsel Dinyar Madon, argued that plans cannot be changed.
Their main plea is for direction to provide recreational ground area as stipulated in the approved plan dated April 30, 2011, demolish a promenade, allot two car parking slots per flat and refund Rs 19.5 crore toward fit-out deposits collected from each member with 18% interest. They also want the builder to foot the bills for water tankers till BMC starts supply of adequate water to the complex.
Counsel for builder Pravin Samdani said while Rs 3 crore of the fit-out deposit had been refunded, the remaining also would be. Buyers are seeking enforcement of statutory obligations of the builder under Mofa, especially adherence to the layout plans. Their plea is also to ensure the builder provides all amenities as recorded in the registered agreements for Sale and also to "rectify defects'' in the structure. The buyers claim the builder "has altered the layout plans", and failed to complete the building.
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