Please reproduce the exact clause of the BBA which talks about the builder's right to increase/ decrease in the area.
Increase in flat area and pratikar charges
Hello Sir, I have booked a flat in Noida Extension in Ajnara Le Garden in Nov 2014 with area 1195 Sqft. Later in Jan 2017 he sent me a letter with increased area in balcony. When I questioned him, he said there is a clause in BBA and he can increase/ decrease the area by 10%. When I tried to check I found builder already got the approval from authority by July 2014 with increased size 1245 sqft. And in Nov 2014 he sold it to me by saying it 1195 Sqft. Now again he is asking to Pratikar charges to the authority directly with Rs.70 psft. While in earlier meeting he was saying pratikar will be applicable only those buyers who bought before dec 2013. Kindly help me what to do. I am not in condition to pay extra amount which cost around 3 to 3.5 lacs. Kindly suggest me what to do. Regards, Sachin Srivastava
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
Under contribution project also compulsory to be register with RERA. Complain to it. If from the beginning, approval plan was for 1245 sqft and builder offered you lower area than clear case of cheating and defrauded you so that at least booking should be done. You can even demand refund with interest if builder keep insisting.
You can go against the builder before consumer court for deficiency of service.
See since the builder earlier mentioned less area and now.increasing then you can deny paying it and it is deficiency on part of.builder. File a consumer complaint against the builder.
Builder cannot increase flat size without consent of flat owners
file complaint against builder before RERA against demand for additional payment of Rs 3.50 lakhs
Hello,
You will have to pay the said amount since earlier you must have been charged for the 1195 sf. ft. only and not for 1245. Therefore, for the extra area that is being given to you, you will have to make the payment since the same is there in BBA.
Legally, you can not take advantage of the wrong that has been done by the builder. If you are aggrieved then you may opt for cancellation and seek refund from the builder along with interest.
Regards
You are suggested to refuse claim of builder and serve a legal notice to observe due process without burdening you.
A legal notice should be sent to him stating your grievances and a complaint should be filed against him in the rera tribunal or state consumer redressal forum in lucknow.
Regards
As a common practice in NCR, builders usually enter into agreements with buyers with “No Cost Escalation Clause”. Hence if there is a cost increase due to delays & other factors, which is a norm, then usually builders are in a difficult spot as they cannot pass this escalation to the buyers by virtue of this clause.
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.
Ask the builder the following questions:
- If there is an increase in the area has the same been approved by the relevant authorities by getting the revised lay out plans sanctioned?
- What has been the corresponding increase in the CARPET and the BUILT UP area of the apartment. It is very important to ask the exact change in dimensions that has happened by this increase in area?
- Has the civil contractor been paid as per the increased area? What has been the revision in the layout plans provided to him for carrying out the construction?
- What was the additional material purchased to construct the additional area. How much is the variation from the initial estimates?
- When was this increase in Area discovered? When were the relevant authorities notified of the same? What were the observations of the relevant authorities about the same?
- How has the increase in the area impacted the overall FAR of the project. If there has been an overall increase in the FAR, has the same been regularized by the relevant authorities?
Most of the times the builders will not reply to these and similar other questions and brush the issue under the carpet. If they fail to reply on written queries on the subject it is clearly a given that the increase in area is an underhanded way to escalate the cost and is causing wrongful losses to the buyers. The builders should in such a case reverse the charges so accrued.
If not, 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
under RERA 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.
