Consummer protection
Sourav Chatterjee
(Querist) 05 June 2012
This query is : Resolved
developer demanding extra money after two years of the registration of sale deed.the measurement of the Flat in the registered sale deed was as per unregistered 'agreement to sale'. home loan was taken by deposit the 'registered sale deed' of the concern flat as security, mutation of the said property was done by the local authority.developer claimed that the previous measurement had some dispute, and now he is willing to do the right measurement and it is liable to submit to the local authority(previous measurement was also done by that developer).
now the question is what will be the procedure to treat the developer if-
i) new measurement is greater than Previous,
ii) new mesurement is less than previous,
iii) remain same.
N.B. If disput arise regarding greater value, is the sale deed needed to change? is the flat owner bound to pay the extra money? if the local authority charged penalty or fine due to dispute regarding this flat, who is liable for this?
Devajyoti Barman
(Expert) 05 June 2012
What do you think actually about the right measurement of the flat?
If the valuation was calculated @ Rs...per sq. ft , then you are liable to pay the extra money in the event the flat was found to be of larger area.
However a minor increase of 30-40 sq.ft should be ignored.
Do not forget that if the flat is indeed larger then after paying the balance amount you would be left with corrected sale deed and would get more value at the time of sale.
Sourav Chatterjee
(Querist) 05 June 2012
in the registered sale deed it was written-
"the flat no.. of the said building having an area 916sqft with super build up area including the undevided proportionate share of land in the said building more fully and particularly mentioned hereunder in schedule B( where the details of flat described) the enjoyment of common passages and common portions with a consolidate price of Rs.6,10,300/- of the total aea with super build up area and proportionate undivided right, title and interest of the land on which the building stands vide their agreement of sale deed."
ajay sethi
(Expert) 05 June 2012
get your falt measurements done . find out if area is more or less . then act accordingly . contact other flat owners . take common stand with builder .
if area is more deed of rectifcation will have to be executed . builder will demand more money and your flat value will alos rise .
Devajyoti Barman
(Expert) 06 June 2012
It is better to get the measurement done as in future at the time sale you may find problem.
