• Changes made in the plan by the developer

We have booked a flat in society which is being re-developed. The  construction was stopped for about 2 years and now as per new DCR 1991 amendment, the society was given permission to restart construction. I had paid the initial 20% amount as per the chargeable area ( super built up). Now the builder has changed the plan without our consent which has resulted in the increase in the carpet area. Also location of the flat which was agreed to us has changed.Now the builder is asking us to pay additional money since the carpet area has increased. The builder has cited the following reasons for the same - 1. Change in DCR 1991 and ministry of environment and forest regulations.2. Regulation for providing recreation ground as per supreme court ruling.

We would now like to know why should we pay for additional carpet as we have already paid as per super built up ( chargeable area). Since the location of the flat has changed without our consent, should we ask builder to compensate us appropriately?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1)did you enter into any agreement with the builder? 

2) did the agreement mention carpet area of flat . ? in mumbai in sale deed carpet area of flat has to be mntioned and sale has to be by carpet area 

3)builder cannot change location of flat without your consent 

4)you can refuse to pay additional amount as you did not ask for increase in carpet area 

5) ask the builder to compensate you for changing location of flat .

6) if builder refuses ask for refund of your money with interest as per clauses in your agreement
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1. The builder can not change the plan without byour consent since you have already paid 20% after seeing the said plan,

2. You can insist him to adher to the earlier plan and refuse to pay the additional amount for the additional carpet area which you did not ask for,

3. You can also ask for compensation for change of location.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. The builder may change the Plan to suit the govt rules and regulations for which your prior permission may not be required.
2. If you are getting more area than the agreed area then you are bound to make extra payments. 
3. You can be expected to get more area in lieu of lesser money.
4. Your only area of remedy lies in change of location which the builder can not do and for this you may file case in consumer forum.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. What does the agreement say with respect to the carpet area?

2. If the carpet area has been mentioned in the sale deed it cannot be increased without your consent unless and until the increase in the carpet area has been occasioned due to any amendment to the law, incorporation of new rules or judicial mandate. The builder is entitled to charge additional money for an increase in the carpet area. 

3. However, the location cannot be changed under any circumstances without your consent.

4. You may issue a lawyer's notice to the builder to seek compensation for changing the location. If he does not comply with the notice then move to consumer forum against the builder to seek refund and compensation.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
first of all carefully read your agreement. when any change occurs in the agreement then it is called novation of agreement and without your consent it can't be possible. you have a choice either to give consent or revoke it. if you give consent then old agreement will lapsed and both are bound by the new agreement. but when you are not agree with the alteration in agreement then new agree will cease to exist and other party( builder) has only two options either to obey the old agreement or disagree with the agreement. in later action you have right to cancel the agreement and claim compensation on the ground of breach of contract.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

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