Dear sir 

You can comply with the agreement first signed by you and builder ask him to perform the same as it is the condom the contract or ask for return of money from builder. 

This is a fraud.  You can file complaint with rera.  The arrangement in writing with builder will stand in favor of you. 

You have paid 80 per cent of amount to builder by cash 

2) you have no receipt for the same 

3) only 20 per cent has been paid by you by cheque 

4) further you have no documentary evidence that 55 per cent would be delivered as carpet area 

4) builder can sell only shop as per carpet area only and not by super built up area 

5) you can make representation to builder that changes are being made in carpet area contrary to promises made at time of booking 

6) don’t cancel your booking as you would get only 20 per cent of money paid as refund 

it is necessary to peruse builder buyer agreement signed by you to advice further 

Hi,

You are suggested to file complaint with RERA and get your grievances redress. Before that you may send a legal notice to builder for his default.

The calculation of super area and carpet area is based on the f a r allowed by Development Authority in this regard if there is any change in layout plan then only the super area and carpet area can be changed and your builder buyer agreement is valid because it is based on the f a r allowed by Development Authority

Sir,

If the agreement is in norms of RERA Act , certainly you have to abide by it.

Rest if you have greviounce against builder you can approach Consumer Redressal Forum.

Hi,it is advisable not to execute the fresh builder buyer agreement ..As per section 11 RERA the builder has to abide by the conditions of the original  agreement ..We can seek relief and compensation from RERA bench 

I don't understand how opaque builders can be

It is essential that the buyer is informed the exact carpet area which he will get

Ask the builder to show the sanctioned building plans in which your shop is shown and check what is the carpet area stated in the plans

Do you have any email or any other evidence where the builder had recorded that he will deliver 55% as carpet area out of the super area?

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.

Payment is made on "SUPER BUILT UP AREA".

Now the calculation : Lets take your example, if CARPET AREA is 600 sq ft. What would be SUPER BUILT UP AREA?
Lets assume the ratio is 75:25.
Means CARPET AREA is 75% of SUPER BUILT UP AREA.

SUPER BUILT UP AREA = 600 + 25% of 600 = 600 + 150 = 750 SQ FT

So the payment will be made on 750 sqft not 600 sq ft.

If your builder is making any other calculation and trying to extort money then he is utilising your weakness and exploiting you, hence handle care while settling the things.

In the fresh BBA if the terms are not suiting to you you may clearly indicative tat is it not suiting you and you would like to cancel the same if he is not agreeing to change the same to the extent of originally agreed terms.

1. As per the information mentioned in the present query, makes it clear that the builder is actually trying to put that clause in the now new agreement also, so that only he can be benefited.
2. Even if after the RERA has come in picture, still the builder can’t go for such an exercise as the same is against the principle of law.
3. You should challenge the present arbitrary act of the builder before the RERA as if he wants to reduce the area then he will have to refund some money also in lieu of reduction in area.
4. Rest, you can contact me for further legal assistance over Kaanoon.