• Delay in Possession and Less carpet Area.

Hello Sir,
This is Sandeep from Pune. 
I have purchased a property i..e 2 BHK flat back in Mar 2013 and Possession date of my flat was Apr. 2016 (As per Agreement). Agreement Cost is 48 lac.

Now,Builder started giving possession from Jan 2017. As there are so much work still going on,mainly finishing work, i decided to move in from Mar 2017.

Now the project is already late by around 9 months i asked him for a compensation.
He agreed to pay me Rs. 1.2 lac as a part compensation( in the form of rent 15k/month)
 
Is it the fair compensation i am getting?

Also there is a less carpet area 731 sqft mentioned in agreement but actual it is 710 sqft, Buider is not agreeing on this point, he is saying that carper area is measured brick to brick (excluding wall plaster and colouring) is it the case? Also in agreement there is a clause that upto 5% variation can happen in carpet area.
Currently there is 3% variation in carper area.

Kindly let me know how do proceed on this?
1:Today Verbally i have accepted this compensation 1.2 lac,but still i am feeling that i deserve for more.
2:What about less carpet area i am getting, considering the the cost of area which i am getting less is around 1.2 lac(20 sq. ft*6000)

Kindly let me know your valuable input on the same.

Regards,
Sandeep
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1. The compensation in general circumstances is guided by the terms of the agreement. It should not make you unduly enriched but be enough off set the damages caused to you.

2. For the less carpet area you should get refund of the price of that area. if you have not pad the full price you can deduct price for 20 sqft.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) builder has to deliver carpet area as mentioned in agreement

2) if carpet area is less then he has to charge you on actual carpet area in agreement

3) you are entitled to refund for excess charged by builder

4) even if there is clause in agreement for 5 per cent variation builder cannot charge you more than actual carpet area

5) fir delay in delivery of possession builder should pay you interests 18 per cent on amount paid by you for period of delay

6) I presume there must be clause in agreement that builder will charge you interest at 18 per cent for delay in making payment

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You can take possession of flat only after Occupation certificate is issued by municipal corporation

2) you can take possession in protest and then file complaint before consumer forum and seek refund for excess amount paid by you and for interest for delay in delivery of possession

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1:Today Verbally i have accepted this compensation 1.2 lac,but still i am feeling that i deserve for more.

If you feel that the compensation very less to your entitlement, you may receive it under protest and then think about seeking enhanced compensation as per law.

2:What about less carpet area i am getting, considering the the cost of area which i am getting less is around 1.2 lac(20 sq. ft*6000)

Some builders may add half the actual area of a terrace or dry areas while calculating the total carpet area. Others may treat these spaces like internal rooms and consider the entire area.. This is the gross area of a flat. Besides the carpet area, it includes the space covered by the wall thickness and ducts.

You can make sure how much you have been deprived in the name of calculation of carpet area.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

It seems the builder will not agree on less carpet area and on interest rate of 18%.

Carpet Area is the area enclosed within the walls, actual area to lay the carpet. This area does not include the thickness of the inner walls. It is the actual used area of an apartment.

Built up Area is the carpet area plus the thickness of outer walls and the balcony.

Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc. Sometimes it may also include the common areas such, swimming pool, garden, clubhouse, etc.

Generally CARPET AREA is around (70 to 80)% of SUPER BUILT UP AREA. But note that this percentage varies from project to project and builder to builder.

As far as the interest is concerned you may demand the interest at the desired rate but accept whatever he offers now under protest and after that issue a legal notice demanding an enhanced rate of interest for the delay in handing over .possession.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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