consumer court
Querist :
Anonymous
(Querist) 21 February 2010
This query is : Resolved
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & used from 1year.but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
Guest
(Expert) 21 February 2010
yes. as the balcony has not shown in sanctioned plan... if u took permission from competant authority regarding that and if you ve the agreement with builder n there is specific clause for construct the balcony... then you can take action n file complaint in consumer forum against the builder
it is deficiency in service. Hence it cannot be held that you are not consumer within the meaning of the Consumer Protection Act.
The word ‘housing construction’ was interpreted by the Apex Court by giving a wider meaning in Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243. It was held that construction of a house or flat is for the benefit of person for whom it is constructed. He may do it himself or hire services of a builder or contractor. The latter being for consideration is service as defined in the Act. Similarly when a statutory authority develops land or allots a site or constructs a house for the benefit of common man it is as much service as by a builder or contractor. The one is contractual service and other statutory service. If the service is defective or it is not what was represented then it would be unfair trade practice as defined in the Act. The Court also held that a person who applies for allotment of a building site or for a flat constructed by the development authority or enters into an agreement with a builder or a contractor is a potential user and nature of transaction is covered in the expression ‘service of any description’. It further indicates that the definition is not exhaustive. The inclusive clause succeeded in widening its scope but not exhausting the servicees which could be covered in earlier part. So any service except when it is free of charge or under a constraint of personal service is included in it. Since housing activity is a service it was covered in the clause as it stood before 1993.
ad. creaminall
(Expert) 21 February 2010
i agree with ajitabh. but if we think on the other way, as per the moral the builder has provide the facility of otta as per your request. you are using the facility of additional area of land.you covered the said area by fixing a gril for your personal use. in future when you sell your premises you will get the price of the said additional area of 30 ft. then why you are not ready to pay maintenance on the said addl. land area of 30 sq. ft.?
Querist :
Anonymous
(Querist) 21 February 2010
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
