Fraud committed by the Builder by selling Common area land of society as Lawn

I purchased a Flat no G04B in Gulmohar Greens Housing complex from M/S SVP Builders (India) Ltd from its partner Mr Vijay Kumar Jindal s/o Late Shri Satpal resident of II-C-95, Nehru Nagar Ghaziabad in 2012. Registry for the same was done on 04 -03- 2015 in the office of sub -Registrar -III Ghaziabad. As per the registered document, the flat sold by the builder has an area of land measuring 176.51 sq Mtr (super area) and open area on Ground Floor 57.60 Sq Mtr for lawn purposes. Total value of the Flat was charged as Rs 71,11,364/=. Out of which an amount of Rs 58,15364/= was charged for the value of the Flat and Rs 12,96,00/= was charged as value of Land for lawn purpose by the Builder. The detailed breakdown are clearly mentioned in the registry document. While taking possession in 2012,I was handed over the Flat with a developed Lawn having Boundary Wall by Builder as per the contract.

However, in March 2017, when I was posted in Hyderabad, GDA team came and demolished the Boundary wall of my Flat. I then approached GDA as to why did they demolish Boundary wall of my Flat when Builder has sold me that after duly taking payment and same is clearly mentioned in the Registry document and if it was unauthorized then how proper Registry was done in Registrar's office?

GDA vide their no. 223/Pravartan Khand Zone-7/2017 dated 24 Apr 2017 informed me that the Housing Project of which my Flat belongs is being developed by Friends Land Developers. The Builder has not taken the completion certificate of the Project. As per UP Town P & D Act 1973, the Flat can not be handed over by Builder without Completion Certificate. If any handing over is done, that is illegal for which Builder himself is responsible. Before issuing Completion certificate, Builder is liable for all actions. Builder has illegally constructed the Boundary wall in the Ground Floor Flats by affecting Common Area land without map approval. Due to this, GDA has acted against the Builder under the sec 26, 27 and 28 of UP TP & D Act 1973. Accordingly, the Boundary wall was demolished.

I then approached the Builder for compensation, which they refused. I thereafter got an FIR lodged vide Case Crime no 3185 dated 15/11/2017 by Sahibabad Police Station. However no progress has been intimated to me so far.

Following are submitted :-

1. I being a Defence Officer remain posted to remote places away from Delhi most of the time. I had purchased the said Flat for my post-retirement settlement as I am now left with only four years of service. Accordingly I purchased Ground Floor flat with lawn by paying Rs 12,96,000/= for the lawn and Rs 5,81,536/= as PLC for Ground Floor i.e, 10% of the cost of Flat (Rs 58,15,346/=). Thus, total of Rs 18,77,536/= was charged by Builder for the land for Lawn and PLC for Ground Floor.

2. Since as per the GDA approved map, the land sold by Builder for Lawn belongs to the Common area Land and has been illegally sold by him to me (which amounts to an act of cheating and fraud on the part of Builder) and I purchased the Ground floor by paying 10% of the total value of Flat by paying extra amount only for the comfort of Lawn and Ground floor despite having security risk. Otherwise I would have bought the Flat on higher floors which has privacy and fresh air but definitely not on Ground Floor as I spent extra amount for fitment of Grills to secure it from security risks. Now, infact, the privacy of living has been compromised due to non-availability of Lawn. As a result, no tenant is willing to take on rent due to lack of privacy and security risk because of demolition of Boundary wall and declaration of land sold to me by Builder as common area land.

The total loss suffered by me is the amount of Lawn (Rs 12,96,00/=) an PLC charged (Rs 5,81,536/=) along with 10% compounded interest per annum for last 7 years as the flat was purchased in 2012. Thus, the total amount of Rs 18,77,536/= with 10% compound iterest for 7 years works out to be Rs 36,58,786/= (Rupees Thirty six lakhs fifty eight thousand seven hundred eighty six)against the monetary loss suffered by me .

In addition, I have undergone the mental harassment and loss of prestige because of no fault of mine. Though no monetary compensation can heal that wound of loss of face in public to any Defence personal, however, I would request the honourable court to penalize the Builder to pay an amount of Rs 13,41,214/= to provide a solace for the loss of honour and dignity in Public due to fraudulent act committed by Builder.

Finally, honourable court is requested to order the Builder to pay immediately an amount of 50,00,000/= (Rs Fifty lakhs) to me for the monetary loss suffered by me as well as compensation for the loss of honour and prestige in public due act of fraud and cheating committed by the Builder.

From - Gp Capt V K Singh
mob : 9810964694