• Additional Area Price changed while Registration

Hello Sir, 

This is regarding an under construction flat which we purchased on Aug 2016 , the area of flat comes to 1180 square feet +330 square feet of private garden area. 

The same is mentioned in the sale agreement which was mutually signed and taken forward to the bank for loan. Now almost 90% of the flat amount has been released by the bank and rest will be released once we hand over the completion certificate from the Builder. 

Since its nearing completion we have decided to get it registered and requested for the final demand letter from the Builder. Now in the final demand letter they have charged an additional Rs:200000 for additional area (which they tell has added up to the flat while construction). This additional area was no where in picture till date and when the flat was booked/purchased the structure was already in place. The information of this additional area has not been communicated till date by any means. My question is are we obliged to pay this additional amount. If not how could we defend this ?

Also if we have to pay this amount what legal formalities should we take care ?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

you are not bound to pay for addition area

2) agreement for ale clearly mentioned area as 1180 square feet +330 square feet of private garden area.

3) builder cannot arbitrarily increase the carpet area of the flat and demand addition payment

4) builder has to carry on construction as per sanctioned plans . if plans show flat area as 1180 square feet builder cannot arbitrarily increase area by ______square feet and demand flat owners pay for additional area

5) in the alternative pay amount under protest take possession of flat

6) then file complaint before consumer forum and seek refund of excess payment made by you with interest

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

1. This builder is a crook and do not listen to him.

2. If he is talking about carpet/built up area of flat then get it measured by a surveyor.i am sure there would not be any extra found.

3. if that is so then send him a legal notice seeking execution and registration of a deed of conveyance.

4 If he refuses to do so within the prescribed time limit file a case before the consumer forum wherein you would get both damages and compensation apart form registration of the sale deed.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

The area mentioned in the agreement of sale is final and binding on both parties, if the builder is demanding additional amount of Rs.2.00 Lakhs his demand must be justified and valid, in order to cross check his explanation that additional area has been added up to the flat post construction, get the entire flat area measured in his presence, take the final measurement certificate, if excess area is indeed coming to your share, then you may pay, otherwise, refuse to pay the amount demanded by the builder.

Regarding the legal formalities to be completed in the event you decide to pay, you may contact a local advocate and get this information.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

You can ask the builder to give it in writing o that you can negotiate with the bank seeking additional loan amount based on his statement.

The builder will not give anything in writing legally because this a ploy deployed by the builder to extract more money in the name of some fictitious ideas or imaginary concept.

If ther is no such in the sale agreement you may refuse to pay the same or may seek an expert engineer's opinion before making any payment in this regard.

the overall property costs can be divided into two parts – one that is to be paid to the builder while the other are the statutory and legal costs. And within each of these categories itself there are several hidden costs which a buyer must pay at different stages.

However there is no provision for charging the extra area or whatever the builder may term it.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

The registered sale agreement can be enforced in the court of law as per the conditions agreed in the sale agreement deed.

The question is about the the sale agreement and not about the unregistered porperty.

You can initiate legal action by first sending a legal notice to the builder, await his response and then you may plan further legal course of action on this.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

1)agreement for sale would be valid even if it is not registered to take legal proceedings against the builder

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

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