• Builder asking extra money for extra 10sqft he added in flat.

I have had brought an under construction property of 1030 sqft as per agreement before an year.
Now the flats are ready for possesion, but builder is now saying that he has constructed 1040 sqft instead of 1030 sqft and we will have to pay extra money for 10 sqft. He didn't take a permission from any of the buyers in society.  
He is saying that he will bear the registration cost for extra 10 sqft but we will have to pay the money otherwise he won't give us certificate of completion. 
He also said that he has got new 1040 sqft plan approved from the required authorities.
How can we avoid paying extra 10 sqft amount? 
Please suggest the legal terms which I can talk up with builder to avoid paying extra.
Asked 10 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) builder cannot alter the size of flat without flat owners consent 

2) your agreement provided for purchase of 1030 square feet flat . 

3) if area has increased by 10 square feet builder shroud not charge flat owners extra amount 

4) Section 7 of the Maharashtra Ownership of flats Act laid down as follows- After the plans and specifications of the building, as approved by the local authority as aforesaid, are disclosed of furnished to the person who agree to take one or more flats, the promoter shall not make – (i) any alteration in the structures described therein in respect of the flat or flats which are agreed to be taken, without the previous consent of that person; (ii) any other alterations or additions in the structure of the building without the previous consent of all the persons who have agreed to take fiats in such building.

5) file complaint against builder before consumer forum and seek orders to direct builder to deliver vacant possession of flat , OC 
Ajay Sethi
Advocate, Mumbai
32554 Answers
1795 Consultations

5.0 on 5.0

Dear Querist
Its depend on your agreement executed with the builder, if there is any clause regarding the extra money for extra construction then you have to pay otherwise builder's demand is not valid and you may take legal action against builder's illegal act and demand.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
4213 Answers
176 Consultations

4.9 on 5.0

The builder has no right to increase the area of the flat without the consent of the buyer. He cannot force the buyer to take more than the agreed area. What the builder is doing is pure extortion. Move the consumer forum against him to obligate him to deliver the possession without charging further amount.
Ashish Davessar
Advocate, Jaipur
20453 Answers
542 Consultations

5.0 on 5.0

1. The agreement signed by both you might have made a mention that the area of the flat is more or less 1030 sq.ft.

2. Measure the actual area now to ascertain that it is actually 1040 Sq.Ft.

3. You can pay the builder and get the flat registered first.

4. After that file a complaint case before the local District Consumer Dispute Redressal forum alleging deficiency in service and unfair business practice demanding refund of the extra amount extracted by the builder towards the cost of the said 10 sq.ft. with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
14664 Answers
340 Consultations

5.0 on 5.0

The builder cannot say that he has constructed 10 sq. ft extra to that of the original sale agreement at this stage.
Why did be not inform you about this at that time itself?
Did you take a legal opinion from any lawyer showing the property papers as well as the agreement?
If not then whether you have seen the amended construction plan and the original (amended) sale agreement.
Have you seen the copy of the CC or OC, whether there is a mention about the total measurement as 1040 Sq.ft?
You can ask him to give it in writing so that you can legally fight against it.
T Kalaiselvan
Advocate, Vellore
22741 Answers
221 Consultations

5.0 on 5.0

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