try to obtain possession before entering in to any kind of dispute with the builder
extra area being charged by builder
Amrapali silicon city, noida is asking for extra money for increased area now at the time of possession. Did not talk about it since booking in 2010. Number of flats in society has increased since then with increase of FAR. There are other deviations also in conditions mentioned in agreement.
Asked 10 years ago in Property Law
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5 Answers
1) it is necessary to go through the clauses of your agreement . if the carpet area of flat is mentioned in the agreement then you are liable to pay only consideration mentioned in agreement . if builder has failed to carry out construction as per sanctioned plans and there are deviation in agreement you can move court against the builder for deficiency in service .
2) make payment under protest . take possession of flat then move consumer forum for deficiency in service and seek refund of money with interest and also compensation
1. If it is mentioned in the agreement you enteterd in to with the builder that you shall have to pay extra amount for any extra area alloted to you, then demand for your extra payment is justified,
2. If not or if there are deviations from what was agreed uopn in writing, I will suggest you to first take possession by paying the extra amount under protest & after taking possession file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service & unfair business practice claiming refund of the amount extra paid with interest, damage & cost. ,
Thanx for reply sirs. carpet area is same. They say super area has increased by 8-9%. Plot area has been reduced as aportion of land is still unacquired. Amenities on that area r not made. Tower height has increased from 13-14 to 19-21. Balconies were earlier 3.5 ft now 5 ft. So if number of flats increase and amenities reduced how super area can increase. They do not have any fair answer. Fooling with unsigned docs. For extra area calculations are given on plain paper. For genuine demand letter is made. One has to take Noc after paying all these monies and then possession is given. No occupsncy certificate yet. Agreement says possession offer at ready with lease registry stage. This is not happening. There is apenalty clause. Time has lapsed for most. Penalty they are adjusting. But to save it giving offer of possession for not ready flats.
Asked 10 years ago
1) if carpet area is same and is duly reflected in your agreement you need not pay more money for buying the flat .
2) make payment under protest take possession of flat then move consumer forum against the builder for deficiency in service and seek compensation from the builder
in most of the cases builder delay the projects