Carpet area shortfall discovered 18 months after taking possession from builder
Facts of the Case (Based in Andheri West, Mumbai):
1. in 2014: Booked a 2 BHK with carpet area of 912 sq feet as per MOFA standards.
2. in 2017: Rera was already formed and builder asked to register the sale agreement. Mentioned in it is Rera Carpet area is 838 Sq ft of my 2 BHK and Mofa carpet of 912 is also mentioned.
3. On 20th Dec 2018, got the carpet area measured, sent an email to builder that there is area shortfall of about 70 sq ft, builder denied and i got occupied in my work. OC was received on Dec 30, 2018
4. in Jan 2019, i took possession of the flat, signed the possession letter that i accept everything in the flat as is including area, quality etc..and that i have no complaints against the builder etc..standard stuff.
5. in Feb 2020, i got my carpet area measured again by a government authorized engineer, who gave a certificate and based on that there is carpet area shortfall of about 60 sq ft. Which sums to about 24 lakh rupees.
6. As per registered agreement, builder has 5 year of defect liability on the construction quality, which ends in Dec 2023 as OC received in Dec 2018.
7. There are many other residents in same situation, i am not alone with carpet area shortfall. Members of Newly formed PMC got compensation from builder for shortfall and so did few others, but they don't give proof of it... just tell verbally.
Questions:
1. Since i have already signed the possession letter, can i still talk to builder about the shortfall for compensation ?
2. If the builder says that i signed the possession letter which says that i am fully satisfied with everything in accordance with the agreement and have no complaints against the builder, can i still file a case against the builder?
3. What is the right course of action i should take to get compensation of 25 lacs for the area shortfall, discovered almost 18 months after taking possession.
Asked 3 years ago in Property Law
Religion: Hindu
Thank you all for answering my question. Here is a follow up question:
If Builder asks for a join inspection, am I obliged to do that ? my contracted BMC engineer told me that they had done joint inspections before with the builder in other flats of same building and builder insists on counting duct area (where AC is installed of owner) to be counted as part of carpet area, which is not right, this was just one example, there are other methods of measurement by builder which BMC finds incorrect. So, he thinks its a complete waste of time and does not get any result.
However, does denying builder for a joint inspection goes me?
If a case is filed in National consumer forum or mumbai high court, how much time does it take for hearing day of my case? what is an average lawyer and court fee expense (TOTAL) am i looking at if trying to recover approx 30 lacs from builder?
Thank you
Asked 3 years ago