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Sidhhi   05 March 2024

Inspite of Consent Terms builder reduced actual carpet area mentioned in the Consent Terms

We are pitted against the builder who have reduced the actual carpet area of the tenament from 330 sqft to 270 sqft.

They wanted us to surrender the tenament and held out explicit murder threats if we don't comply but we insisted on getting the flat of 330 sqft in the Redeveloped building. Now they have even cheated judiciary by not complying with the Consent Terms filed in the Bombay High Court.

Please guide as we are helpless.


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 4 Replies

Sumitra kumar   05 March 2024

As per your words, the building plan in under question. How has it got the saction of the local Municipal laws? You make a complaint with the Municipal corporation/Municipal council and the architech which sanctioned the plan.For further assistant, you may visit my home page or may engage a local lawyer available.

 

Thank you.

Siddhi Agarwal (Owner)     05 March 2024

Are you from Mumbai as matter relates Mumbai Court.

Also you have not understood the gist of the matter.

As a tenent we were occupying 330 sqft carpet area flat in the old building. The said building was taken over by a notorious business group in 2006.

After prolonged litigation Consent Terms were filed in Bombay High Court in 2013 wherein Court accepted the Consent Terms.

As per Consent Terms & subsequent agreement registered with the Sub Registrar we were to get 330 sqft carpet area flat but the builder has constructed the smaller 270 sqft which is against the Contract Terms and Registered Agreement.

Thanks for your valued time.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

If the consent terms was not honored then you file an execution petition to execute the orders passed on the basis of the consent terms.

If the builder refuses to obey the orders then you can file a contempt of court case against him and look for further remedies as per law.

Sumitra kumar   06 March 2024

@Querst,

 

How can you expect me to give you detailed reply when you have not provided me any document. Anyway engage a local lawyer of your choice. File a suit for specific performance of contract. For further assistant you may provide me all documents pertaining to the case.

 

Thank ;you.


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