• extra area being charged by builder

Amrapali silicon  city, noida is asking for extra money for increased area now at the time of possession. Did not talk about it since booking in 2010. Number of flats in society has increased since then with increase of FAR. There are other deviations also in conditions mentioned in agreement.
Asked 2 years ago in Property Law from Noida, Uttar Pradesh
try to obtain possession before entering in to any kind of dispute with the builder
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) it is necessary to go through the clauses of your agreement . if the carpet area of flat is mentioned in the agreement then you are liable to pay only consideration mentioned in agreement . if builder has failed to carry out construction as per sanctioned plans and there are deviation in agreement you can move court against the builder for deficiency in service . 

2) make payment under protest . take possession of flat then move consumer forum for deficiency in service and seek refund of money with interest and also compensation
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. If it is mentioned in the agreement you enteterd in to with the builder that you shall have to pay extra amount for any extra area alloted to you, then demand for  your extra payment is justified,

2. If not or if there are deviations from what was agreed uopn in writing, I will suggest you to first take possession by paying the extra amount under protest & after taking possession file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service & unfair business practice claiming refund of the amount extra paid with interest, damage & cost. ,
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
1) if carpet area is same and is duly reflected in your agreement you need not pay more money for buying the flat . 

2) make payment under protest take possession of flat then move consumer forum against the builder for deficiency in service and seek compensation from the builder
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
in most of the cases builder delay the projects
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0