Nipu Das (student) 02 August 2012

Purchase of a apartment

HELLO SIR/MADAM

I ENTERED IN AN AGREEMENT TO SALE WITH A BUILDER TO PURCHASE A APARTMENT. BUT IN THE AGREEMENT IT IS WRITTEN THAT "SECOND PARTY(I.E WE) AGREES TO PURCHASE FLAT MEASURING1530 SQ. FT (INCLUDING STAIR AND SUPER BUILT AREA) AREA @ 1415/SQ.FT".... MY QUESTIONS ARE -

1) DO STAIR FORM PART OF SUPER BUILT?

2) IF YES, THEN THEY TOOK PRICE FOR THE STAIR CASE SEPARETLY. IS THIS GAINST LAW?

3) WHAT STEPS COULD BE TAKEN IF THEY CHEATED US?

PLEASE HELP.

THANK YOU.

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2 Replies

Ajit Singh Cheema (practising Advocate) 02 August 2012

Once you have entered in to an agreement for sale with eyes wide open, how ,now you can look back and say ,you have been cheated. Stairs shall form part of super structure if duly agreed upon. The price of stair case is your mutual consent / agreement .

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Nipu Das (student) 03 August 2012

Thank you very much to Ajit sir.

Sir,we didnot have an idea about this at that moment. They promised to give Builtuilt up area of 1280 sq ft and super built (20%) i.e total 1530 sq ft. But in real i am getting only 1150 sq ft of built up area (i,e 1280sq ft- stair area). I am getting an appartment of 1350sq ft instead of 1530sq ft.

Can anything could be done against them.

Please help.