A recent order of the Mumbai High Court has cheered all flat buyers. The High Court order states that builders are bound to honor the promises made in their brochures. Justice K J Rohee observed that the facilities mentioned in the brochure can be treated as part of the agreement even if it not part of the pact between the builder and the flat buyer. The High Court order making it mandatory for the builder to give flat buyers everything that is promised is brochures will have an impact on the real estate industry where developers are known first to present buyers with every amenity and later go back on these painted picture by either reducing the size of the swimming pool or shrinking the gardens and the likes. In the particular case being heard by the court, the builder was planning to construct on area that was earmarked for a garden. Section 7 of the Maharashtra Ownership of Flats Act prohibits a builder from any alterations without consent after the plans and specifications of the building have been disclosed to the flat buyer. However today, several developers do not abide by this and alter plans. This recent order of the Mumbai High Court has cheered up flat buyers who very often feel helpless when a builder promises something on the brochure and then fails to fulfill these promises. There is mixed reaction to this High Court order among builders and developers. Renowned developer Arvind Goel says that the decision is welcome. Prominent developer Rajesh Prajapati points out that the decision will not affect the reliable names of the industry but those developers who follow unethical practices of not delivering what they promise.
December 20, 2016
- December 2, 2016