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cosumer case against builder

(Querist) 21 February 2010 This query is : Resolved 
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta/balcony with three feet height masonary work with extra door to enter in otta/balcony & handover the flat to me after that i fixes grill on otta / balconies masonary work & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
Raj Kumar Makkad (Expert) 22 February 2010
It is dishonesty on your part. You had got constructed balcony and now ehn you are required to pay maintenance charges, you want to take the shelter of consumer forum on a wrong and distorted facts. There is no use to resile your own act and conduct.


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