• Deviation in carpet area

I am currently in process of registering an apartment in Bangalore. The carpet area as per builder is 579sft from the drawings shared by the builder at time of purchase. Now when I got the apartment inspected before paying the final amount, it was found that the carpet area is 539sft which is around 6.7% less than what was promised. Can I ask the builder for compensation for this deviation atleast by the value of the difference area? apart from this what other actions can be taken against the builder for the deviation?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

You can seek compensation from builder for deviation in carpet area 

 

2) you can file complaint against builder before RERA and seek orders to direct builder to pay you compensation for difference in carpet area 

Ajay Sethi
Advocate, Mumbai
94772 Answers
7543 Consultations

5.0 on 5.0

This is a serious issue and lapse on the part of the builder. He should either refund the money owed to you on account of giving a smaller apartment or file a complaint in the consumer forum.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir, 

The builder is supposed to inform you correctly regarding all the aspects and if you feel cheated, you are suggested to ask him not only to compensate the amount but also for misleading and mental agony thereof. 

 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

 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.

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.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

Dear Sir/ Maam

You can ask the promoter for refund and compensation for not fulfilling the promised requirements and you can also file a complain against the promoter under the RERA act to the Real Estate regulatory authority to direct the promoter to compensate, refund your money, issue other orders of penalty and interest return on the promoter.

Thank you

Anik Miu
Advocate, Bangalore
8918 Answers
110 Consultations

4.7 on 5.0

Yes you can file  consumer complaint for compensation.You can also approach RERA or criminal Court for cheating and other related offences in the said case. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer