Dispute in built up area
Ashish Bendre
(Querist) 19 June 2013
This query is : Resolved
Hello Sir,
I have purchased a 1 BHK flat in Navade Phase II, Tal. Panvel, Dist. Raigad. At the time of purchase builder sold the flat saying the built up area is 580 sq. ft. Unfortunately I signed the agreement and did registration where built up area mentioned in sq. meter evaluated to be 445 sq. ft. and carpet area 350 sq. ft.
Now when I realized this what should I do? I paid for 580 sq. ft. and got 445 sq. ft. built up area. May I take a legal action against the builder and what will be the process for that?
Shashikant V. Patil
(Expert) 19 June 2013
Before executing sale deed of the flat, you might have executed Agreement to Sale with the builder, in the said agreement to sale if the area is mentioned 580 Sq.Ft.and it is not complied by the builder while sale deed registration, then you prosecute the said builder initially by issuing him a Legal Notice.
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
Now what can be done is to find out any documents wherein the seller has agreed to have sold you area build up of 580 Sq ft.
on the basis of the documents, you can issue legal notice and pressurize the builder.
If only orally he mentioned about 580 Sq ft
then things will be tough for you
ajay sethi
(Expert) 19 June 2013
do you have any documentary evidence to show w that builder has mentioned that he is selling you flat with built area of 580 square feet . if you dont have any evidence then you have no case as agreement mentions built up area at 445 square feet
ajay sethi
(Expert) 19 June 2013
do you have any documentary evidence to show that builder has mentioned that he is selling you flat with built area of 580 square feet .? if you dont have any evidence then you have no case as agreement mentions built up area at 445 square feet
Rajendra K Goyal
(Expert) 19 June 2013
Agreed, in absence of documentary proof the things would be tough to prove for you, specially when you have got done the registration of the flat also.
Rajeev Kumar
(Expert) 19 June 2013
It is tough to prove in the absence of documentry evidence
Ashish Bendre
(Querist) 20 June 2013
Thank you all for your replies.
I don't have any legal document which says the built up area is 580 sq. ft. but a normal piece of paper where he gave us the details of flat and mentioned the development charges, society charges and conveyance deed charges to be multiplied by 580 sq. ft.
ajay sethi
(Expert) 20 June 2013
what builder must have meant was super built up area . all builders sell by super built arae but in agreement only carpet and built up mentioned
Rajendra K Goyal
(Expert) 20 June 2013
This is general trend of the builders. however, in absence of authentic documentary proof the builder will show the jugglery of super built area, built area, carpet area and again you will be able to get nothing.
V R SHROFF
(Expert) 20 June 2013
It is practice that Builder charge as per Super built up area.
carpet x 1.3 = built up
built up x 1.3 = built up
built up x 1.3 = duper built up
or it is 80% is a Thumb rule.
carpet is usable floor area, [side wall, partitions being inside your floor & used by you exclusively is chargeable for Stamp Duty, so Regd Agr show built up area for calculation of stamp duty.
super built up is areas used in commom like stair case, common terrace & water tank comp wall etc. [excluded from sd. ]
Over and above, Builder have Architect's certificate for every Flat duly passed in BMC Plan .
Mr. Bendre, you have no case.
Lack of knowledge on your part is your fault. Your areas are correctly informed and documented.
