Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajes Ghosh   21 April 2020

Appeal for justice

sir
i entered into an agreement to buy a flat at hooghly district (WB) when building in/outside pluster was completed.
Afterthat developer provided me a Sale Deed when i wanted to get registered my flat. Registration is yet to done.
I found a different in built-up area. The difference is as follows -

As per agreement -
Total area 1070 sqft
(Carpet 751+built-up 14%+superbuilt 25%)

As per Sale Deed -
Total area 1192 sqft
Carpet 751+built-up 27%+superbuilt 25%,)

Developer increased in the sale deed the built-up area from 14% to 27% i.e. 13% hike which is beyond the agreement.

Kindly advise me :

1) whether i should make the payment as per inflated sale deed including hike of built up 13% or made payment as per agreement signed.

2) who is the appropriate authority/rule to appeal for protect my rights.

Awaiting an advice to save my loss.
Regards,
Rk Ghosh


Learning

 3 Replies

Real Soul.... (LEGAL)     21 April 2020

The agreement term shall prevail, you ask him to execute the sale deed as per the agreed terms.If he refuses you can file a suit for specific performance. Just discuss with developer and seek reasons for the the hike ,but he cannot escape the agreement terms.

2 Like

Ritesh Maity (Labour Law Advocate)     21 April 2020

What @Real Soul has suggested is fine.

Here I want to add that if ultimately you have to take the matter to the court, instead of specific performance (under civil court) you can approach the consumer court (as it less time consuming than civil court and you do not have to pay huge court fees like you have to pay for suit for specific performance.  

2 Like

Rajes Ghosh   21 April 2020

thanks ....

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