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VIJAY KUMAR (SELF EMPLOYED)     12 April 2021

Diffrent layout and unfair appreciation of super area

Hi all,
As per agreement of sell, it is common practice of builder to take permission of modification etc of flat at during construction within agreement.

My question is a flat having super area of 1420 sf was bought but when flat delivery was offered, found layout has totally changed having 1579 sf super area increased by 159 sf, most importantly added long balcony out side of master bedroom. 

Justified change within layout is ok upto some extent as per agreement but how balcony of around 100 sf has been added which was not showing in agreement of sell and was not bought with layout.

I am already in NCDRC.



Quick Summary
A homeowner is questioning the legality of their builder significantly increasing the super area of their flat post-sale, including the addition of a large balcony not originally part of the agreement. They are seeking legal clarification on whether such unilateral changes and appreciation in super area are permissible under the sale agreement and in the eyes of the law, especially as they are already involved in a long-standing legal battle.

 2 Replies

Sankaranarayanan (Advocate)     13 April 2021

Once you filed a case then you have to wait 

VIJAY KUMAR (SELF EMPLOYED)     13 April 2021

Waiting since 2016, my query was whether appreciation in super area is justified or not in the eye of law, layout of both has already been enclosed. Agreement of sell permits builder to appreciate in such way in law?


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