• Increase in super area of office complex by supertech

I purchased 2 units of office in noida in 2015, they promised that possession will be on 2016 December. I received fit out offer asking 13% increase in super buildup area and escalation of charges worth of 20 lakhs /unit.
At the time of purchase the building was on 20th floor level and mine is on 6th floor,if there is no variation in built up & carpet area of building how they are claiming 13% extra to all buyers which is 40,000 sq ft area in whole building.
I am an Architect and confident that they cannot justify where this area has gone.
Please guide me how to take this matter through legal channel and how much time it require in fighting this case.
the positive thing is that i have to pay 60% (40% paid) to builder if i go for legal then till the order will not be issued i will not pay anything to builder.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

1.  Put the Builder on Legal Notice, for his illegal demands and say that in the circumstances of the illegal demands and without providing justifications, that you are not any longer interested in his project which is against your futuristic interests and demand back your money with interest.

2.  On refusal of the Builder, file grievance petition before the local consumer court, for the illegal demands, harassment, intimidation and claim damages and compensation alongwith return of booking amount and interest.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The final consideration money for flat purchased must be spelt out in the sale agreement itself and both parties are bound by its terms and conditions.

2. So the increase in money is not mentioned in the sale agreement the the developer can not ask for it at this stage.

3. So you have in that context right to refuse to make such payment and file a case before the consumer forum seeking completion of sale on the stipulated consideration amount by directing the developer to make the registered sale deed along with payment of damages and compensation.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1)builder cannot  deliver possession of office until OC is issued 

 

2)builder cannot increase area of office and demand escalation charges 

 

3) if builder refuses to listen to reason file complaint against builder before consumer forum and seek orders to set aside escalation charges demanded by builder and deliver possession of the premises to you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Is this particular project of Supertech registered under RERA?

If yes, to me this appears to be a fit case to be agitated before RERA and to seek compensation.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You should file a complaint against the builder in RERA as he cannot increase the price unilaterally. 

You would only be governed only by what has agreed by the parties in BBA.

Consumer complaint would not be maintainable as the property was brought for commercial purpose and you would not be termed as consumer as per the provisions of Consumer Protection Act, 1986.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. the carpet area and built up area would remain the same as shown in the sanctioned building plans

2. the extra area is illusiory and made up by the builder in order to extract more money from unit buyers

3. there is no such thing as super built up area - it is not a creation of law but its a creation of dishonest builders

4. under the super built up area  concept, extra area is added to the built up area [which is carpet plus 20%] and the buyer is charged on basis of the aggregate area [built up + extra area] under the garb of super built up area

5. this is done solely to recover the expenses towards the common areas, amenities and facilities

6. so the extra area has gone nowhere since in the first place it did not existed and was only 'made up' to augment the profits of the builder

7. do you have any allotment letter or agreement in which the area was mentioned?

8. if you do have, then the builder has to charge you only on the area as stated in your allotment letter or agreement and not any artificial area like super built up area which he created to extract more money from you

9. charging the buyer in excess of the area stated in the contract with the buyer [allotment letter or agreement] is an unfair trade practice u/s 7 of RERA for which you can file a RERA complaint against the builder if the project is registered with RERA

10. Alternately you can also file a consumer complaint

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Here you can make complaint in RERA and Consumer Forum.

 

Prepare all papers before sale and after sale, what builder has provided initially and what he is asking currently etc.

 

As per you building structure is not changed than you can fight for it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a consumer complaint in this case before consumer forum.  You will get compensation from builder

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Issue a legal notice through an advocate and file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Of Late, builders have found a very ingenious way of circumventing the “No Cost Escalation Clause” by increasing the “Super Area” of the projects.

Builders do it with impunity during under construction, at the time of handover etc. This is a tool, which has been discovered by builders, most probably in collusion with Architects, which is exploited to the hilt by nearly all builders irrespective of pedigree.

At the date of delivery, the apartment’s area is increased anywhere from 75sq ft to 200 sq ft depending on the builder’s level of confidence in himself being able to commit wrongs.

The buyer is forced to cough up an additional amount of this extra size anything from 75sq ft to 200 sq ft at Rs.10,000 rupees per sq ft.

Not only this, on top of this the buyer pays additional taxes, government levies, other society dues (taxes on them), stamp duty etc at this increased size.

Now in such a situation the buyer is left with hardly any choices as he/she has already paid close to 95% of the money, has patiently waited for the product to be delivered far beyond the promised date and legal relief takes time.

the buyers under such circumstances should seek appropriate legal and administrative remedies. They can approach the authorities for violation of contract act, under consumer protection act etc. Thankfully the recently notified RERA also has provisions to check this nefarious activity. Under this Act the builder has to obtain written consent of 2/3 buyers to effect any such change. Hence the aggrieved buyers can approach the state RERA body for redressal.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client 

If you are confident enough about the floor area and super  buildup area.  Then ask builder to give a written explanation of increase in super area along with map of super area and carpet area. 

If you find out that it is not correct then you can approach regulatory authority under RERA act to resolve the dispute with builder.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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