Carpet area less than mentioned in agreement
Abhi
(Querist) 13 May 2014
This query is : Resolved
Hello,
My building is ground floor + 3 floors. Before 1987, there were 4 tenants and landlord. This property was constructed into a building ground floor + 3 floors. Ground floor was for all the tenants now with ownership and 1st floor for landlord and 2&3rd floor for new buyers.
Now in 2014, the building is going into redevelopment and builder presented actual area (usable) plan from existing structure to all members. My concern here is my flat agreement shows carpet area as 520 sq.ft and area measured by new builder shows 400 sq.ft. Same is with my neighbor. All the flats from 1st to 3rd have proper area (more or less same). So we 2 are left with less area than mentioned. Builder said they will not consider what is mentioned in agreement and will go with what is there now. He said it is your fault that you paid property taxes for so many years on 520 sqft area.
Please advise
1. What if all society member agrees for redevelopment and I am left with my neighbor (2 of us) - total members in society - 12 members
2. What should I do with this difference in the area?
3. I don't know where the old builders are, some say they are untraceable.
Please advise my plan of action.
ajay sethi
(Expert) 13 May 2014
1) how can you take possession of flat without verifying carpet area of flat ? if as per agreement carpet area was 520 square feet and old builder provided 400 square feet area you ought to have sued the builder for deficiency in service and sought compensation
2) now you and your neighbour should refuse to sign redevelopment agreement . in any case when building goes in for redevelopment new builder offers more area to existing flat owners
3) oppose redevelopment project in AGM
4)let builder move court if he so desires . he will ultimately compromise with you if he wants to redevelop the building
V R SHROFF
(Expert) 13 May 2014
check area of your lower floor/ higher floor flat area must be same.
what are their area???
Had u obtain bank loan and asked builder to enter 30% excess area to get full bank loan, and continued it??
Do all agreement specifically mentioned carpet area / or built up area/ or Super built-up area??? compare with other flats.
If your physical carpet area id really more, and your agreement shows correct area, get it approved by Architect, and move court.
V R SHROFF
(Expert) 13 May 2014
why r u hiding other flats area???
u stated" All the flats from 1st to 3rd have proper area (more or less same)"
it is 520 or 400 sq ft??
Shri Sethi advise and comments are correct. You should have raised it before old builder.
It seems you know everything and HIDING THE FACTS AND wasting time of the EXPERTS.
Abhi
(Querist) 13 May 2014
Thanks for taking your time out to advise me. Really appreciate that.
@sethi sir:
1) I am 3rd generation in my family tree starting to take over paying bills and getting to know properties of my father. The agreement was made when my grandfather and father was present and I have asked same question to my dad few weeks back and was surprised with their ignorance.
2) The whereabouts of the old builder is not known. The new builder is offering 25% to all owners from 1st floor to 3rd floor and 35% more area to all ground floor owners on their actual measured area.
@shroff sir:
1) Ground floors has 1BHk and 1 RK combination (these were the tenants) and 1st to 3rd floor has 1BHK and 2BHK setup. Only the groundfloor agreement has carpet area mentioned while 1st to 3rd floor has builtup area mentioned in the agreement.
2) I agree my father or grandfather should have immediately raised concerns or moved to court but this is where I stand now.
GroundFloor (4 flats) - 2 owners (me and neigbour 1BHK) has less area than agreement - 1200 sqft
1st floor: 3 owners (builup area mentioned) - 1300
2nd floor - 3 owners (1350 sqft)
3rd floor - 2 owners (1350 sqft)
I really want to provide correct facts about the scenario I am in.
even though I accept builders 35% on actual area I am on recieveing end of loss of area.
ajay sethi
(Expert) 13 May 2014
in other words if you sign the redevelopment agreement you will only get around 520 square feet . your original agreement also mentioned 520 square feet . in redevelopment you are not a gainer . so the best course is to oppose redevelopment . till builder compromises .
V R SHROFF
(Expert) 13 May 2014
The area is 400 Sq ft carpet.
In Sale Agreement [ for unknown reason] it is mentioned 520.
So actual area will be considered.
Matter of Architect certification of area.
If other flat owner get 520; he too will get same, for same area.
choice is yours..
Abhi
(Querist) 13 May 2014
Thanks experts for the advise.
The last one, if I oppose redevelopment as a lone opposer, is there any redevelopment act where society goes with majority and will go court for my eviction?
Can I get a stay order in a worst scenario?
I will close this query after this as my questions have already answered by experts.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
As advised by experts, you may choose to approach the court for obtaining an injunction order against the developer for trying to forcibly evicting you, before they approach the court of law with a similar application. Contact a lawyer and proceed as per his advise.
