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.