• Can a re-developer ask to pay more for the additional carpet area

My building is under Re-development. I had 263 sq.ft carpet area flat for which the builder agreed 23% more area under re-development scheme and I was offered a flat of carpet area 323 sq.ft.  As I needed more space, I opted and purchased 169 sq.ft more and a flat of total 492 sq.ft. carpet area was allotted to me through the registered agreement with developer, in which the balcony, nitche area and dry area were excluded from charging.  In the mean time DCR rules changed.  The concept of fungible area came in to picture.  The plans were changed to accommodate the new DC Rules, (with out informing me and without my consent.) And finally the building was completed.  Now at the time of taking possession, carpet area of the flat is measuring at 522 sq.ft. and the developer is demanding that the extra 30 sq ft. should be purchased by me before giving me the possession of the flat.
Please advice me the legal standing and action to be taken.
S D Prabhu
Asked 4 years ago in Property Law from MUmubai, Maharashtra
since you have been offered additional carpet area of 30 square feet pay the builder  under protest  and take possession of your flat . you can subsequently move consumer forum as under regd agreement you were required to pay for 492 square feet carpet area of flat . further area of flat was changed without your consent .
Ajay Sethi
Advocate, Mumbai
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