Area on redevelopment

JAYESH CHOKSI (Querist) 25 February 2020 This query is : Resolved
SIR/S,
OUR HOUSING SOCIETY HAS GONE UNDER REDEVELOPMENT.
THE BUILDER HAS OFFERED 36% ADDITIONAL AREA ON THE EXISTING CARPET AREA.
THERE ARE 120 FLATS .
THE DEVELOPER HAS PUT THE PLAN ON MCGM PORTAL
THE MCGM SITE SHOWS 112 MEMBERS FLAT AREA AS 40.5 SQ MTS.
8 MEMBERS FLATAREA IS SHOWN AS 48.5 MTS.
CAN WE GET COMPENSATION FOR 8 SQ FT AREA WE HAVE .AS ALL THE MEMBERS ARE OFFERED FLAT AREA OF 509 SQ FT.
WE HAVE DRAWN ATTENTION EARLIER TO SOCIETY AND PMC WHO TOLD THAT ALL THE MEMBERS FLAT AREA ARE EQUAL .OUR ORIGINAL AGREEMENT DOES NOT SPECIFY ACTUAL AREA BUT THE MUNICIPAL PLAN SHOWS OUR AREA MORE .FURTHER MY PHYSICAL AREA IS APPARENTLY MORE.
PLEASE GUIDE
REGARDS
JAYESH

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Quick Summary

A housing society undergoing redevelopment is facing a dispute over flat areas. While the builder offered a 36% increase, the MCGM portal shows some flats are larger than others, contrary to what the society and developer initially claimed. The original agreement doesn't specify exact areas, but municipal records and physical measurements suggest a discrepancy. The querist seeks guidance on claiming compensation for the larger area.

Raj Kumar Makkad (Expert) 25 February 2020
Generally area shown in the agreement prevails as agreement is the final document, however, if any discripency is visible in the MC record qua the area, it should be confronted with the developer as well as to the concerned authorities so that injustice may not occur to either of the parties.

SHIRISH PAWAR, 7738990900 (Expert) 26 February 2020
Dear querist,
Builder has to follow the agreement executed between society and himself. If as per agreement developer has deliberately reduced area then you can file complaint against the society and developer. send legal notice. If developer dont comply with notice you may complaint to consumer forum for compensation.

Regards,

Hemant Agarwal (Expert) 26 February 2020
1. The Report of PMC is Final, for Redevelopment purposes. The Developer has to build according to the feasibility report of PMC, who in consultation with the Society finalizes it for the members.

2. Any dispute /grievance, on this has to be filed in the local Civil Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert) 26 February 2020
I do agree with the opinion of expert Hemant to the effect that final agreement is based upon Report of PMC but the agreement executed between the developer and the society is corrected accordingly so finally agreement so executed is binding upon the parties.

JAYESH CHOKSI (Querist) 27 February 2020
SIR/S
FIRST I THANK ALL THE EXPERTS FOR THEIR VALUABLE INPUTS.
HOWEVER I FEEL CERTAIN EXPERTS HAVE NOT UNDERSTOOD IN ITS RIGHT PERSPECTIVE.
THE MAIN POINTS IS AS UNDER.
THE ERSTWHILE SALE AGREEMENT DO NOT MENTION THE FLAT AREA ANYWHERE.
THESOCIETY HAS TAKEN MY AREA AS PER THE MUNICIPAL MAINTENANCE BIIL.
9 FLATS ARE APPARENTLY BIGGER EVEN PHYSICAL MEASUREMENT ALSO SHOWS IT IS BIGGER BY 20 FTS THAN OTHER FLATS IN SOCIETY.
EVEN THE PLAN UPLOADED ON MCGM PORTAL UNDER THE HEAD OLD AREA OF FLAT OWNERS AS 48.5 SQ MTS WHEREAS OTHER MEMBERS AREA IS SHOWN AS 40.5 MTS.
PLEASE GUIDE ACCORDINGLY.
REGARDS

Raj Kumar Makkad (Expert) 27 February 2020
Your subsequently submitted facts are repetition of old one hence there is no change in my reply.

Hemant Agarwal (Expert) 27 February 2020
1. Yes. Repetition of old points will not change my reply, in anyway and neither a prudent & professional expert will reply in the manner that is to the personal liking of the queriest.

2. FURTHER, GET YOUR KEY-BOARD REPAIRED, MORE SPECIFICALLY THE "CAPS LOCK", MORE SO SINCE TYPING EVERYTHING IN CAPITAL LETTERS AMOUNTS TO "SHOUTING" IN THE INTERNET WORLD.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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