• Extra balcony charges

HELLO
I have received final demand notice for my flat last month. I have been told a couple of months back about an extra balcony of 50*2 ft (=100 sq ft) has been added to my flat. the builder is asking for extra amount that will be including super area as well (=125 sq ft). my agreement mentioned only "approx super area of 2400 sq ft). 
kindly suggest

Arnesh
Asked 1 year ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Other
1) please note that flat has to be sold on carpet area basis only 


2) if extra area has been added to your flat with your consent then make payment 

3) if as per floor plan enclosed to your agreement no mention was made of balcony you are not liable to make payment 

4) or pay amount under protest . take possession of flat then move consumer forum against the builder for un far trade practices 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
If the get any extra are other than what has been agreed upon then you have to make payment for the extra constrictions.
The ;liability of buyer depends upon the actual area of flat to be purchased. however I may add that balcony does not have any super built area and hence you have to pay the price for its built up area only.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
If the extra balcony is a built up area which is more than the carpet area of the flat then you will have to pay extra. Since it was already mentioned in your agreement regarding the super area as well, the builder is within his limits to ask u to pay. if their is any incosistency then you must challenge the demand notice.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Without seeing the agreement itself it is difficult to make comment on it.Balcony is never considered as open terrace.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) builders are known to flout the law . Sale of flats have to be by carpet area 

2) if according to you in your state sale of flats by super built up area is legal then you have to pay for area mentioned in agreement of 2400 sq feet 

3) as advised earlier take possession of flat and pay under protest 

4) then move consumer forum against builder and seek refund as you are bound to pay only for area mentioned in agreement 

5) check with local architect as to amount payable for balcony in your state 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Have you taken possession of the said property?

2. Pay the amount to the builder under protest, take possession of it  and get your property registered,

3. After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the extra amount extorted from you with interest, damage and cost,

4. It is a good case to win,

5. If you refuse to pay the amount now, the builder will refuse to handover and register the flat in your name causing huge burden in you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Has he deviated from the sanctioned construction plan?

2. If yes, then it will be very easy for you to get favourable order from the Consumer Forum if you file consumer case as suggested i my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Unless a provision has been made for the extra balcony in the agreement the builder cannot impose it on you except without your consent. 

2. You can refuse to pay for the extra balcony if it has been constructed without your permission. To this end a lawyer's notice should be issued to him.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Balcony is not terrace.

2. As mentioned above, without your consent the balcony could not have been constructed if the original agreement did not provide for it. You can issue a lawyer's notice to the builder to deny your liability for additional payment and enforce builder's liability to give the possession. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
A.If the both parties agreed in the agreement in respect of the construction of the balcony, you have to pay the additional charges towards the same.

B. I can presume that, the builder deviated the approved plan, hence, he has the duty to provide the same with their own cost.

C. If you are not agreed in the agreement in respect of paymen of balcony charges, you can approach the Consumer Forum under the deficiency in the Service and unfair trade practice commited by the builder.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0

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