Redevelopment of building - carpet area/assement area/approv
Querist :
Anonymous
(Querist) 12 June 2021
This query is : Resolved
Dear Sir/Madam,
We are based in Mumbai and our 1996 building is undergoing redevelopment. The carpet area is 410 Sq Ft but the builder is insisting that the Assessment & Approved are is only 350 Sq Ft. He has offer of 20% on this approved area where in the final flat will again come to only 420 Sq Ft.
We will get 1 BHK in return of 1 BHK!! The society management is hell bent on going ahead with redevelopment and says that our building is unsafe and BMC will evict us if we do not go for redevelopment.
There is no notice from BMC which says that the building is unsafe and dangerous to live in. Society has definitely failed to negotiate with the builder but there could be some understanding between builder and society members.
Is there any way we can find out from BMC, the carpet/Approved/Assessment area?
How do we tackle this and avoid our losses?
Rishi S
kavksatyanarayana
(Expert) 12 June 2021
The government of Maharashtra issued directions to all Cooperative Housing Societies in Maharashtra regarding the re-development of buildings ofall Cooperative Housing Societies. So, file a complaint against the builder and committee to the Registrar/Deputy Registrar of Cooperative Housing Societies of your District.
Querist :
Anonymous
(Querist) 12 June 2021
What should be the nature of complaint? Saying we are getting 1 BHK in return of 1 BHK with nearly the same size will suffice or we need to be very specific of any points.
Sankaranarayanan
(Expert) 13 June 2021
Better to seek advise from local advocate
T. Kalaiselvan, Advocate
(Expert) 13 June 2021
Logically, any new area should be in direct proportion to the existing area of each flat.
If the carpet area, as documented in the agreement, is not given by the builder, the owner can claim appropriate compensation through a consumer court by filing a complaint against the builder under the counts of Breach of Trust, Cheating, Unfair Trade Practice and Deficiency in Service,"
Builders often twist and grossly violate the rules of by unlawful planning and constructing additional/unauthorised areas that are beyond their entitlement. "The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date,"
