If the purchase flat is not as per the agreement in the sq ft wise than you can make complaint to RERA and in Consumer Forum of your city. And ask compensation as per the agreement.
Carpet area issue
Hello, I purchased a flat in an apartment complex in Bangalore in 2016 from a reputed builder. The builder did not allow me to visit the flat before purchase citing security issues due to ongoing construction. The same was mentioned in the sales agreement signed later. I had asked for a carpet area breakup which the builder provided in an email. I was satisfied with the details and agreed to enter into a sales agreement with the builder. In the sales agreement, Builder did not mention carpet area as it was not mandatory to mention in pre-RERA days. I got a chance to inspect the flat only 1.5 years after the purchase and realized carpet area provided is significantly less (more than 80 ft) that what they had shared earlier. This has obviously ruined aesthetics of the house. My question - do I have a valid case against them given the carpet area was not mentioned in the sales agreement. Can I ask for alternate flat OR full refund plus compensation to court. Please let me know Rajesh
Asked 4 years ago in Property Law
Religion: Hindu
14 Answers
1. Well, check whether in the sale agreement it is mentioned that actual consideration may vary with the actual measurement of flat found to have been contributed . This is so as after constructions the measurement may vary.
2. On sch terms in the sale agreement the final cost price may increase or decrease with the area found to have been available.
3. Even if there is no such clause then also you have the right to adjust the final price by deducting the price of 80 sq fit ind default of which you have the option of filing case before the consumer forum.
Yes they have to mention the carpet area in sales agreement
You can file a complaint before.consumer court for.deficiency and malpractice by builder and can seek refund with interest or agreed area as provided in the mail.
If carpet area is lower than mentioned in sale deed you are entitled for compensation for shortfall
2) you can file complaint against builder before consumer forum and seek orders to direct builder to pay you compensation for shortfall in carpet area
3) seek litigation costs and compensation for mental torture undergone by you
4) in alternative you can seek another flat from builder for carpet area mentioned in agreement
Hi
Yes you have a valid case.
Yes you can ask for Alternate Flat.
If you want to cancel and go out, yes you can ask for full refund plus compensation, your case falls under Consumer Forum.
Your Options:
# You can file consumer case before Consumer Forum (State / National as applicable)
# You can ask for compensation alongwith expenses you incurred for suffering psychological tensions etc.,
# You can ask for refund of money with compound interest (check the total sale consideration mentioned in SD)
# You may lodge complaint with RERA against the Builder
# Finally you may workout options to initiate criminal proceedings against builder (if you are interested)
WORD OF CAUTION:
All the above leads to complications, involve time, money, loss of man days, lawyer / court expenses & tensions.
Other way round, get it settled out side amicably (your choice).
Good Luck
1. Take a Flat Area Report of an registered Architect and THEN file a grievance petition in the local Consumer Court, for negligence, deficiency, Malpractice and claim the shortfall area amount alongwith damages and compensation & Interest.
2. AFTER you receive positive order from court, sell the property and capitalize your investments, in your income tax returns.
During to construction the carpet area can be increased or decreased mostly by 10% but in case the project is designed in such a way the carpet area may be reduced please calculate the percentage and it should be tolerable similarly the price of the increased or decreased carpet area should be considered by the builder at the time of registration of the property and accordingly the buyer has to pay the amount or get the refund for the reduced area this is very common and in case you do not have any other dispute you can go ahead for the registration of the property and go for the possession
1. even if it was not mandatory to mention the carpet area in the agreement, the builder was obligated to make full and true disclosure about the flat and the amenities to be provided
2. stating the exact carpet area is one of the basic and most important disclosure moreso when the flats are booked by buyers even the building is not even in existence
3. in such a case the builder is legally bound to disclose the exact carpet area of the flat which the buyer will be allotted
4. also if carpet area is not stated in your agreement, there will be issues when you go to sell this flat in future as the buyer would obviously want the carpet area to be mentioned and thus to know for what exactly he is making the payment and whether the per sq ft rate is as per the circle rate
5. so certainly this is an unfair trade practice used by the builder to his advantage
6. the carpet area details stated in the email to you will now bind the builder despite not stating the carpet area in the agreement
7. the email giving the carpet area details is one of the representations relying on which the buyer must have booked the flat
8. so you definitely have a very good case against the builder
9. if the project is registered with RERA then you must file a complaint with RERA against him immediately
10. since there is no default in handover of possession you cannot claim full refund but you can claim a new flat having the carpet area as promised to you and if that is not possible then you can claim the differential amount for deficit carpet area as per market value plus interest and damages on that
Variation in area than decided in sale deed/ATS/e mail, clear violation of agreement. YOU can ask for refund with interest or other same size flat of same value.
If this project is registered with RERA, this is a fit case to approach RERA and seek an appropriate remedy.
First find out if your project and promoter are registered with RERA.
Under the circumstances stated by you, you can challenge this discrepancy before the competent RERA authority or before the consumer forum, both forums are available to you.
It is open to you to seek cancellation on this ground and seek full refund together with interest @ 12% pa, along with compensation and damages, together with court costs as well.
My advice, if you approach the RERA authority it would be impossible to recover the monies immediately, however you can do so through a consumer court.
Yes you have a strong case for that you need the copy of sales agreement which you have signed with the builder.
Send him a legal Notice for misrepresentation in the sales agreement regarding the carpet area and demand for change of flat and if this is not possible ask him to refund your money with interest.
If he fails to comply with legal notice You can file suit against builder in consumer forum.
If the builder has not provided the proper dimension and the flat with correct measurement, you can seek his explanation in writing and the communication to be sent by registered post either by you or through your lawyer and you can make a mention that if the reply is not satisfactory or no alternate arrangement is made you are at your liberty to cancel the booking and the builder will be liable to refund the booking amount with interest at market rate.
After following this step you may either approach RERA or consumer forum for relief and remedy if the builder is not cooperating.
