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Dispute with developer for new purchase flat

(Querist) 21 February 2013 This query is : Resolved 
Sir I have purchased 1 flat in resell from very reputed developer in the year May 2010 . I have purchased on resell , During May 2010 purchase agreement between developer and first buyer was for build up area 1064 sq.for same area I also had agreement with first buyer. While selling the flat developer gave us broucher plus other additional papper showing carpet area 935 sq. feet , Kindly note my flat have very big floor bed in each both bed rooms. We got OC from BMC and possession from developer and we want to use the floor bed as part of our room but developer is not allowing us saying it's free FSI and we can not use as part of room , Without floor bed carpet area is only 650 sq feet , Do you think we can give legal notice or any other way we can force developer to allow us using floor bed.
Devajyoti Barman (Expert) 22 February 2013
Check the sanctioned building plan. Whatever is shown there, you can use the same irrespective of objection of the developer.
vasant (Querist) 22 February 2013
Sir , Building plan shows floor bed as free FSI
vasant (Querist) 22 February 2013
Floor plan shows room size and flower bed separately.
ajay sethi (Expert) 22 February 2013
wait for society to be formed . once society is foprmed builder is out of the picture . also when OC is given and posession handed over flat owners carry out renovations of flat and invariably use the flower bed
vasant (Querist) 22 February 2013
Sir , Developer gave us possession only after OC recd from BMC the way amenities work in process it look like developer will not form society very fast , We need to move new house ASAP , Is there anyway we can challenge developer ?
Raj Kumar Makkad (Expert) 06 March 2013
You can file a consumer complaint in the given facts.
vasant (Querist) 07 March 2013
Noted thanks


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