The issue is: for all of us, the flat numbers mentioned by salarpuria in the sale agreement are not matching with the flat numbers mentioned in the BBMP approved typical floor plan blue print document. This is for all flats in the blocks A, B, C and D. This is legally WRONG.
Salarpuria will continue to use the same flat number which is there in the sale agreement in all future legal documents (like registration documents). This number differs from the one in the BBMP approved plan. As per lawyers this is not correct.
In the BBMP approved typical floor plan, the flat numbers are given continuously for all the blocks. That means for example for the fifth floor the flat numbers are: A501, A502, A503, A504, B505, B506, B507, B508, C509, C510, C511, C512, D513, D514, D515, and D516. Where as salarpuria has given 1, 2, 3, 4 for each blocks. To better understand what I am talking about, please see the image. Even for A block the numbers in the approved plan are not matching with the ones builder is giving in the sale agreement.
When my personal lawyer was verifying the documents we found this issue. According to the lawyer, BBMP approved plan is a legal document. If the unit numbers (flat numbers) are given in that document, same numbers should be present in all the consequent legal documents like sale agreement, registration documents.. etc. Otherwise it will not be legally correct. My lawer is very experienced in property document verification.
When we asked Mr. Rao, to give the same number in the sale agreement he told it is not possible. He further told that “if you want we will give you a letter saying that your flat number in the sale agreement corresponds to ‘so and so’ number in the approved plan”. To this my lawyer is telling such letter will NOT do anything good legally. My lawyer suggestion after many discussions was to go for another project if this builder is not going to give the same number as in approved plan.
We were disappointed by this. We approached another well known property lawyer. We went to BBMP office and got a copy of actual approved plan in their records for the cross verification. Again this lawyer also told the same thing – “Builder must follow the same numbering which is there in the approved plan. Other wise drop the idea of buying from him. Look for another property”.
I know Mr. Rao quite for some time. I know how he just try to calm down the customer. When we discussed with him about this issue his answer was “Lawyers don’t know anything! As a buyer you should understand logically. Keep faith on us”. Logically I was not convinced, but nothing else I could do that time.
From the legal stand point this is not a small issue. It is issue for every flat in the blocks A, B, C and D. We are paying our hard earned money and buying from such a well-known/premium builder by thinking that legally the documentation will be correct.
If the documentation is not proper and have issues like this, then what is the point in paying huge amount and buying from him?
Do any one of you or your lawyer noticed this issue? Did you approach the builder? I am not sure how to resolve this. Could you please share your thoughts or plans on how we can handle this issue?