Carpet area less than mentioned in agreement.

Querist : Anonymous (Querist) 14 October 2015 This query is : Resolved
We booked a flat last October 2014 and made 95%payment of the total amount along with registration. We were promised possession by Dec 2014 but they kept delaying. 2 months back when we went to measure the flat for furniture we came to know that our flat carpet area is 43 sqft less than that mentioned in the agreement.
We mailed the builder several times and also measured with them and even though it was clear that the flat is less the builder was not ready to agree. He said the variation is due to plaster thickness. Left without choice we filed a complaint against them in government legal dept. They sent him notice but builder is still not accepting and threatened us to take out complaint back or he won't give possession
And if we take case to court he will delay for years.
We have taken a loan and along with heavy EMI also paying rent past 1 year due to their false promise.
Kindly advise.

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Sudhir Kumar, Advocate (Expert) 14 October 2015
Not clear to which authority you gave a complaint. He seems to be disturbed as you told. You can move to consumer court.

P. Venu (Expert) 14 October 2015
It is better you move consumer court or the civil court.

Querist : Anonymous (Querist) 14 October 2015
Legal meterology department

Kishor Mehta (Expert) 14 October 2015
Sir/Madam,
The practical option in the matter would be to take possession of the flat as it is, get the document to the flat duly stamped and registered, then to take a certificate from a registered architect about the measurement, claim deficiency in services and file an application in a Consumer Forum for reimbursement for the lesser carpet area and mental harassment suffered.
Good Luck,
Kishor Mehta

Rajendra K Goyal (Expert) 14 October 2015
No reply to query from anonymous.

Guest (Expert) 14 October 2015
Read agreement entered in to with the builders.

R.K Nanda (Expert) 14 October 2015
no reply 2aq.

Kumar Doab (Expert) 14 October 2015
Anonymous query.
Sufficient reply given by experts.

T. Kalaiselvan, Advocate (Expert) 16 October 2015
As suggested by exerts you can claim relief through consumer forum only, better issue a legal notice to the builder and move the consumer forum.

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