You cannot claim shortfall as you have clearly mentioned after joint inspection that you are satisfied with area of flat
2) you have stated that you would not raise any disputes . You cannot claim compensation for delay in delivery of possession
Carpet Area discrepancy - MOFA/ RERA, delay in posession
Facts of Case (Mumbai based flat) : 1. In 2014, booked a flat with carpet area of 913 Sq ft, Allotment letter issued by builder under MOFA. 2. In 2016, RERA was enacted 3. In 2017, builder cited a deadline for registering agreement as per RERA. 4. By June 2017, 97% of agreement value was paid to builder as per MOFA allotment letter. Flat skeleton was ready as per MOFA norms. 5. July 2017, Builder prepared an agreement of sale document, which was mixed with MOFA and RERA terms. It had both MOFA (913 sq ft) and RERA (838 sq ft) carpet areas mentioned in it and possession date of June 2018. 6. I got the agreement of sale document registered. Duty and tax was paid was per MOFA carpet area of 913 sq ft. 7. Nov 2018, i filed case with RERA that OC not received and possession delayed from June 2018 as per agreement. RERA gave grace period till Jan 2019 to builder and said if delayed any further, than builder shall pay interest on paid amount to buyer. 8. Dec 2018, OC was received and possession offered to me, OC was delayed as FAA clearance was not given, builder had built the height 12 inches longer as opposed to BMC approved plan. 9. In Jan 2019, I asked for a join inspection of flat, builder sent their engineers and they reported RERA carpet area to be much more than in registered agreement. 10. In Jan 2019, after joint inspection and their report, i took possession and signed the possession letter that mentioned: I am fully satisfied with everything including carpet area and will NOT raise any disputes in future regarding the said flat. 11. In June 2020, i had a BMC surveyor measure carpet area of my flat, he reported 40 sq ft less as per MOFA measurement. But as per RERA, it was same as in the registered agreement. Questions: Q1) Allotment letter was issued as per MOFA, but registered agreement as per RERA, i had made 97% payment to builder prior to registering the agreement. If I find carpet area shortfall as per MOFA, can i still claim it? builder saying that since RERA carpet area matches what is in registered agreement and it supersedes the allotment letter, i cannot claim MOFA carpet area, although all my payments have been using MOFA carpet area and 97% payment was received by them prior to registration of the sale agreement. Q2) does my signing of the possession letter (after making 100% payment and not having flat key) with clause that "i will not raise any disputes later" revoke my buyer right of claiming any shortfall found within 2 years of possession? I had trusted their joint inspection was right, but they had used illegal methods of measurement, which i was not aware of. Many other residents are in same situation. Q3) Can i still claim delay in possession by 6 months (June 2018 was original possession date as per registered agreement), but got possession in Jan 2019 as OC was received in Dec 2018. Kindly quote any sections/clauses as per Indian law, so i know which clause i can refer for my rights. Thank
Asked 5 years ago in Property Law
Religion: Hindu
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10 Answers
1. Yes you can file criminal case for shortage in carpet area as per the mofa
2. you can say that you signed it under protest.
3.You can do tht but your actual possession thing may come in your way
You are entitle to same area as offered and booked before RERA. RERA dose not sanction construction plan so it will be same which was offered before RERA.
You have made payment for 913sq ft. Reduction in size is unfair trade practice. You were forced to sign fresh agreement with less area, this would be your stand. File consumer complaint.
If you have not executed the fresh agreement than could have raise the plea of delay possession. Well, at least you can claim compensation and refund with interest for short area delivered.
You have already filed with RERA that OC not received and possession delayed from June 2018 - So can raise all plea in consumer complaint.
1. Since you approach RERA against the said builder , and further as per direction of the same possession was accepted by you after fully satisfied with declaration , then now upon the MOFA report ,you cannot claim the same.
2. Since , you are not satisfied with the said joint inspection of RERA , then you can approach the State RERA Tribunal against the RERA order.
3. Yes, even after getting possession you can claim compensation.
1. carpet area has to be given as originally agreed. Does not matter if the carpet area was computed during MOFA regime. RERA has not overridden MOFA. Infact RERA law is in addition to MOFA. So you are entitled to MOFA carpet area, moreso when the stamp duty and other payments are paid as per MOFA carpet area
2. you should not have signed the possession letter if there was any discrepancy or doubt regarding the carpet area. Its been 1 year and 8 months since you took possession. You should have raised an objection immediately upon learning that the carpet area is less than agreed. If you approach RERA now then you may be held liable for delay and laches in filing a complaint for less carpet area. So its a chance you need to take if at all you decide to approach RERA
3. RERA extended the possession by Jan 2019. So what was your stand regarding that? You had filed a complaint which appears to have been decided. So how can you file a second complaint for the same grievance? Your first complaint has to be perused before any comment can be given regarding filing a second complaint for compensation for delay
Dear Sir/Madam,
The version of the builder is correct and since you may made payments as per MOFA, you are entitled for the claim and compensation. Even your ignorance about the details and joint measurement will be of no help of the builder because it is possible that the expert engineers might have been gain over by the builder. You may not claim for the delay compensation in light of the agreement mentioned by you that you will not claim in future.
You may file your claim before Consumer Forum for the loss caused to you.
The jurisdiction of District or State would depend upon your total cost of flat and loss of fund due to deficiency in services by Builder as per Section 2 of Consumer Protection Act.
You booked flat in 2014 and RERA came into existence in the year 2016. I failed to understand how Builder has registered his project as per RERA ? NOT as per MOFA ?
Something is missing from the facts ,Please share and explain.
1. Once you executed a fresh agreement with builder then it will prevail the previously executed agreement so as per fresh agreement you cannot claim compensation for less area.
2. Yes signing of possession letter that you are satisfied with inspection goes against you in this case.
3. No
1. You can rise this disparity issue with the builder and get is explanation in writing.
After that you can drag the builder to the consumer forum for deficiency in service.
The RERA is not the authority for the carpet area becasue the builder is charging the charges as per MOFA allotment letter, then he is liable to answer to your question, he cannot simply escape citing RERA instructions on it.
2. You can raise this issue even now based on the individual expert engineer's report and do not accept his explanation until either he is refunding the amount charged excess or allotting you more space(this is not possible).
3. Since RERA has modified the date of delivery of possession, probably you may not be able to claim interest over delay in possession.
Point this discrepancy out to the builder and try to amicably resolve the issue. Ask for compensation for the short supply.
If the builder doesn't provide compensation then file a complaint in the appropriate consumer forum.
