vivek (design engineer) 18 November 2013

Builder asking money apart from agreemnet value and he wants

hi all,
my name is vivek. i am staying in mumbai. i have booked flat in mumbai.
i have made registered aggrement with the builder. aggrement value is 53 lakh Rs.
aggrement date is 10may2010 and project is delayed. builder is saying that he will give possession in may2014.
In aggrement, builder said that he will give posession within 18 months. project is of 10 floor wing. builder has completed 10th slab.
earlier builder has shown me sample flat. its 2 bhk. as per agrement value carpet area is 510. when he showd me sample flat, at that time each and
every flat had dry balcony. when i checked my flat wich is under construction, its observerd that dry balcony is missing.
when i asked builder about this then builder told me that as per new FUNGABLE AREA rule he is not able to give dry balcony.
the worst case is that he is asking for additional money from me giving the reason of fungable area . he asking amount of 8 lakh IN CASH.
now i am in very tense condition . i am middle class man. plz help me. i dont know what to do now. plz guide me . i dont want to lose this house.
i have work hard and saved money for my house

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2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 18 November 2013

If builder has showned dry balcony in the sample flat then builder has to give that area. And if he is asking for addttional amount of Rs. 8 Lacks apart from agreed value refuse to pay the same as you are not liable to pay.

BAALASUBRAMANNYAMM (Advocate) 18 November 2013

The builder is entitled to get from you, is only the amount where agreed and executed an Agreement. Other than that, the builder is not entitled any single paisa. He has to construct and hand over to you the flat, as per the sanctioned plan.