Fungible area rule

Esther Ninan (Querist) 23 September 2013 This query is : Resolved
We have booked property at Runwal Anthurium, Mulund. We had oral agreement with Builder regarding the area as 1410 which is saleble area (superbuilt up). We have the brochures and plan which show clearly that saleble area is 1410 and also the break up of 1410. We have paid him 97% of the value based on saleble area at the rate of 5850 till now (based on rate agreed in 2009). We have registered our property also but the agreement is in carpet area which is 868.

Now he says that due to fungible area concept, the carpet area has increased since the 2 deck areas and dry balcony is now considered in carpet area and we have to pay additional 8 lakhs for the same. But we have already paid him for the super built up so how can he ask us for this amount? Also, if we dont't pay this amount he has threatened that he will not give us the possession which is due next year.

Please advise if we should pay the amount or go to consumer court. The builder is not ready to negotiate.

I am attaching the break up of 1410 area that he has given us earlier but it is not on his letter head so he says that this is not valid.

Regards,

Esther

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ajay sethi (Expert) 23 September 2013
you have paid as per carpet area of 868 square feet.the agreement mentions that your carpet area is 868 square feet if carpet area has increased builder would be demanding more money . unfortunately although builder charge you as per super built up area they mention in agreement only carpet area .

R.K Nanda (Expert) 23 September 2013
depends on terms of agreement but u can file consumer complaint.

Esther Ninan (Querist) 23 September 2013
Yes I know that but I want to know if there is anything that we can do agianst the builder. We have already paid him for the extra space before so why should we pay him again?
Also should the approved plans from BMC not change if the carpet area has now increased? Also the decks and dry balcony were only extensions..can we just include them in our flat area without any modifications to the structure? He is not ready to show any approved plans but only the changed plan are on piece of paper.

Also, is the fungible are rule applicable for past constructions? We had got our CC in 2011 only and the rule is applicable from 2012.

Please advise.