1) terms of agreement are arbitrary and one sided and loaded in favour of builder

2) for any increase in super built area consent of flat owners is required

3) you can file complaint against builder and seek orders to deliver possession of flat to you and to set aside demand of Rs 1 lakh made by builder

4) also seek litigation costs and compensation for mental torture undergone by you . case s before consumer forum take over 2 years to be disposed of

5) in the alternative pay Rs 1 lakh under protest take possession of flat and then subsequently file complaint before consumer forum and seek refund of money paid by you

Sir, as per the builder buyer agreement, the final super carpet area is finalise at the time of possession..there is slight increase as they have added A balcony.. You have a liberty to approach consumer court and challenge the extra demand .. My suggestion is that you settle it with builder . As the amount is not so much and proceedings may cost you equally

1.If the area to be in your possession indeed increases then you are liable for payment of extra area.The clause mentioned in the agreement also supports the claim of the developer.

2.You can always file a case before the consumer forum but considering the clause in the agreement you have reproduced I do not find much merit in the case if filed in consumer forum.

Dear Concerned,

At this stage it is suggested to pay the amount what ever the developer is asking for and take the possession.

Post possession and registry file refund of money along with cost at the concerned consumer court.

Filing any litigation at this point will lead to further harassment by the builder and your possession will be delayed.

Best of luck

1. The builder cannot increase the area without the consent of the buyer. The buyer can in such circumstances either refuse to pay the amount sought or pay it under protest.

2. However, the clause extracted by you here is an escape route for the builder. Within the sweep of the clause the builder was under no obligation to obtain your consent prior to making a change in the layout plan. There is an implicit duty, however, on the builder to inform the buyer about any conceived change, but the failure to inform the buyer is a mere irregularity, which does not vitiate the contract.

1. Balcony is inside your flat and is not considered as super built up area. The builder has very cleverly and aptly has entered the clause in the agreement which makes it binding on you to accept any such alteration of the carpet/unit area of the flat for which your consent will not be necessary.

2. Frankly speaking, you hardly have any remedy based on the the said agreement which you have entered in to against such increase in area of construction without taking your consent though you can file a consumer complaint before your local District Consumer Dispute Redressal Forum alleging deficiencyt in service and unfair business practice and try your luck.

3. If the builder has not taken any fresh plan from the architect or got the earlier plan altered by the Municipal Corporation for given reason, you can claim that the said increase in area was not necessary for which you shall not pay.

Builder needs to provide proper documentation on why the area increased and how old and new layouts will change.

Argument that during booking it was signed; "that builder can increase\decerease area" will not work without proper facts from Builder.

Builder need to prove it why the area is increased and where is it going to be reflected"

All builders are aware of this normal practice and hence they craft their BBA accordingly. It will surely have one clause that legally binds you to accept the final size.

Some very profitable way to increase size is to increase balcony size, add few recesses here and there, add few storage space below the box window and so on.

So what builder propose is, the area sold to you is tentative and it will be measured at the final deliverable and accordingly the final size of the apartment will be decided. Technically the area can increase or decrease, both way is possible. However, knowing the way it works in India, there will be only one way.

If you want to know the correct law governing the issue, you may issue a legal notice through a local lawyer to the builder seeking his explanation for seeking additional amount in the name of increase in super area which was not in the sale agreement and deny the payment until he quotes relevant clause in the agreement. He will certainly refer the matter to his legal department or lawyer who will quote the relevant provisions of law, which if not convincing you may decide to proceed legally as per the same law which has been quoted.

These days the developers/builders take the purchasers for a good ride by mentioning lot of technical terms in order to indirectly extort money from them on one or the other pretext, so it is buyer who should question each an every aspect that involves cost.