I booked a flat at Rs. 3290 per sq ft in 2012 and the flat was to be ready by Dec 2013. However it is not yet ready. the builder has covered himself suitably in the ATS for the delay. One balcony is yet to be constructed in my flat on the first floor in a building of nine floors. The initial size sold to me was 1691 sqft and now they say it is 1800 sqft for which additional portion 109 sq ft they are charging me Rs 3890. Is it in order since the likely change in rate has not been mentioned to the best of my knowledge in the ATS
Asked in Property Law from Belgaum, Karnataka
subsequent increase in the floor area the builder is entitled to charge additionally, the rate would also depend on the time and general escalation in prices in that locality. this point also would be covered in the ATS as well.
1) file RTI application with municipal corporation and obtain copy of building sanctioned plans
2) area of flats must be specified In the sanctioned plans
3) builder cannot arbitrarily increase size of flat and demand flat purchasers pay enhanced rate for the increase in area
4) if at all you have to pay for increase in area it should be at the booking rate of flat by you
5)file complaint before consumer forum and seek interest for delay in delivery of possession
And against enhanced rate demanded by builder for increase in flat area
6) also seek compensation for mental torture undergone by you
1. The size as stated in the agreement cannot be increased without the consent of the applicant.
2. You have the right to cancel the agreement and claim the refund of the amount paid to him. Alternatively, you can sue him to honour the agreement and also claim compensation.
3. A lawyer's notice should be issued if you wish to cancel the agreement.
Whatever demand made violating the existing terms of the sale agreement or the terms and conditions already agreed, becomes void and illegal.
You may go through the terms once again properly if you dont understand the contents therein you can take an opinion from a local lawyer instead of getting confused over the imaginary issues.
1. What was written in the brochure released by the builder while offering the flats for sale or in the agreement for sale?
2. Was it mentioned that the area may vary to any length?
3. If no, then you can file a consumer case before the local District Consumer Dispute Redressal forum alleging deficiency in service and unfair business practice praying for a direction upon the builder not to charge the said extra amount and claiming for cost incurred for filing the case.