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Builder giving lesser area than agreed

(Querist) 26 August 2010 This query is : Resolved 
I had booked a flat in a project in Mumbai from a group company of DB Realty in October 2009. The sale agreement was registered in April 2010. I paid a total of around Rs 4.5 lacs for the stamp duty and registration and the agreement value is Rs 79.98 Lacs for 87.78 square yards of carpet area. I have till now paid around 50% of the consideration. The property is under construction.
However when my flat was constructed, I found that the actual area of flat is around 100 square feet less than the actual carpet area as per agreement.
I had written a letter to the Builder to give the flat in the same size as per the agreement. However they have refused to do so. I now want the total consideration to be paid to builder reduced as I am getting lesser area than agreed. Request you adice on how I should proceed.
s.subramanian (Expert) 26 August 2010
You can lodge your claim with the builder. See if there is any provision for arbitration in your agreement with the buyer. If there is one,then you have to go in for arbitration. Otherwise if the builder refuses to budge,you can file a suit in the civil court for redressal.
Devajyoti Barman (Expert) 26 August 2010
I differ slightly regarding the recourse of law. As the procedure in civil court take a decade together to conclude the trial itself, I would suggest you to lodge complaint in the Consumer Forum which is equipped to deal this sort of disputes in expeditious and quite effective manner.
Krishnamurthy Ramdas Iyer (Expert) 26 August 2010
Two prong action 1)Consumer Forum suit deficiency in service and sale/transfer of flat in contravention of agreement.
2)Cheating case and criminal breach of trust to be filed.
s.subramanian (Expert) 27 August 2010
Yes. You can approach the consumer forum as well.

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