Rectification deed
Dattatray Rasal
(Querist) 30 July 2013
This query is : Resolved
The carpet area of the flat has increased because of changes made by the builder (development control rules (DCR)2012)
Now the builder is asking to do rectification deed for the additional area at current market price.
My questions are as below:
1. What are implications to both the builder and me (purchaser) if i don't do the rectification deed.
2. Do i really need to pay him and if so who decides the rate and why current market rate. The agreement does not talk abt all this.
4.What are my rights in this situation.
5 Can he force me to do the rectification deed and under what circumstances.
Are there any cases in the court which can be referred for such a situation.
ajay sethi
(Expert) 30 July 2013
it is in your interest to do rectification deed as flat area has increased
Dattatray Rasal
(Querist) 30 July 2013
Agree.. what happens to builder if still not do the rectification deed
Also can u answer my other questions if possible
Advocate Ravinder
(Expert) 30 July 2013
He cannot force you to do rectification deed, but he can file a civil suit for recovery of the excess carpet area as per the Governement market rate which will be recorded in the sub registrar office.
If you chose you may enter into an MOU. You both reach to a compromised rate to avoid dispute.
Dattatray Rasal
(Querist) 31 July 2013
So in such a situation can he deny possession ?
ajay sethi
(Expert) 31 July 2013
your area of flat has increased . builder is willing to enter into rectifcation deed . if you dont enter into agreement with the builder then he wont give you posession of flat as its area has ncreased . your option would be to ask builder to refund your money as you dont want flat with increased area
Dattatray Rasal
(Querist) 31 July 2013
Agree. Next question is how do i check / verify the increased area from an independent / regulatory source.
Because as of now he is just saying that x built up area has increased so x carpet has increased but in actual terms (as per my calculation) i do not see that much area. He is claiming 3 times of the increased area and that too at current market rate.
Dattatray Rasal
(Querist) 31 July 2013
Dear Ravinder,
When u say "As per the Government market rate which will be recorded in the sub registrar office" ... where can i get this rate?
Is it at the Register office ? Is there a rule / Act to that effect which clearly states that in such a situation such rate has to be taken?
Advocate Ravinder
(Expert) 31 July 2013
First of all decide whether you want to be in the flat or you want to cancel the agreement and return back money. In the present situation, in either case you have to involve the court. Or in the alternative you both have to enter into MOU.
If you still insist to take the flat, the builder will not deliver the possession, then you have to file a civil suit for recovery of possession by paying the balance sale consideration.
If you want to take your money back, then also you have to file a civil suit for recovery of amount along with damages.
Raj Kumar Makkad
(Expert) 01 August 2013
You can get the latest prevailing market value from the office of registrar which are also called as collector rates.
Dattatray Rasal
(Querist) 14 August 2013
Hi to all,
High Court's ruled that though the developer is entitled to do extra construction, he must obtain "prior consent of the flat owners".
So in this situation since he has not taken prior consent / permission / approval, how can he still force upon me to buy the additional area and that too and current market rate.
So its clear that the law is also in my favour.
To one and all, anyone differs from my view
pls revert.
Devajyoti Barman
(Expert) 16 August 2013
you are not bound to pay anything more than what has been mentioned in the sale agreement.
Dattatray Rasal
(Querist) 16 August 2013
So what do you suggest Do i approach a lawyer now or just wait for the project completion and then see if he creates problem at the time of possession ?
Dattatray Rasal
(Querist) 16 August 2013
So you say the sale agreement has to clearly mention that i need to pay in a situation where the area has increased and if this is not mentioned at all then i don't have to pay and builder cannot challenge this in the court of law ?
Correct me if i am wrong
Advocate Ravinder
(Expert) 16 August 2013
I have already answered your querry. Pl go through my answer.
If he comes forward for MOU then it is ok. Otherwise, You have to approach lawyer.
Devajyoti Barman
(Expert) 17 August 2013
The clause of the sale agreement would determine. If there is clause of fluctuation of price in accordance with change in area, you have to pay the price of extra area otherwise not.
Dattatray Rasal
(Querist) 17 August 2013
Thanks a lot.. it all boils down to the sale agreement. If there is a clause that covers this issue then i have to pay if it does not then i dont
prabhakar singh
(Expert) 17 August 2013
You had the answer in agreement but were looking outside for it.Hence all gone prolonged here.
One thing more to understand that if builder has violated sanction plan and have raised unauthorised constructions,then despite a clause in the agreement refuse to pay as those can be pulled down by plan sanctioning authorities,any time.
ajay sethi
(Expert) 17 August 2013
builders always mange amendment in plans from muncipal corporation . they have deep pockets and can afford prolonged litigation . it is always in interest of buyer to arrive at an amicable settlement . if you dont want additional area take your money with interest . or move consumer forum against the builder
