LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Superbuildup area in flats

Querist : Anonymous (Querist) 28 September 2011 This query is : Resolved 
Who decides loading percentage in super buildup area, and how to check weather builder is charging right superbuildup area while purchasing flat in Maharashtra. Because each and every builder charge differently on loading on carpet area, is there is any government rule or law regarding super buildup charges(loading) or area calculation.


because of less knowledge people get Cheated .
ajay sethi (Expert) 28 September 2011
Super built-up area takes into account all the area under the common spaces -- the apartment's proportionate share of the lobby, staircase, elevator and the corridor outside the apartment.

The confusion of super built-up area arises over the fact that what is exactly included under this definition is left to the judgment of the builders. Some may even include the terrace, security room, electrical room and/or pump room. The cumulative total of these 'extras' is taken into account and divided by the number of apartments in proportion to their size.
Querist : Anonymous (Querist) 28 September 2011
sir how we can check weather builder has charged right percentage on carpet in super build up area, because we have only acccept which the builder said. if he has taken extra loading percentage on carpet, and is there is minimum and maximum percentage of loading percentage? in superbuild up in maharastra.
ajay sethi (Expert) 28 September 2011
check your agreement . it must be mentioning carpet area , built up area . ask builder what is superbuilt area he is charging . unfortunately no builder will give any thing in writing about super built area as agreement are made on carpet area only
Querist : Anonymous (Querist) 28 September 2011
Sir I have asked my builder. To issue me area certificate with your super build up percentage from their architect .he denied and I asked him how do I know u r changing right amount of percentage he argued with me and used abusing language, and told me to do whatever u want. Sir what should I do .in such case. I have done my registration of 762+60 sq feet carpet and he has charged me 1195 sq feet’s
ajay sethi (Expert) 28 September 2011
well he has given you 822 square feet carpet area . the calculation of super built up area would depend on no of flats, lifts , staircase , pump room , lift room etc.


when you purchased flat you were aware that he was charging you super built up area . you should not have entered into agreement with builder . since agreement only mentions carpet area you cannot litigate in court as builder will say that i have charged on carpet area as mentioned in agreement .

Querist : Anonymous (Querist) 28 September 2011
sir i have payment slips in which he has mentioned 1195 area which he has sold and at rate **** and invoice which he has given before booking on his letter head, in which area and rate is mentioned.
ajay sethi (Expert) 28 September 2011
what is area mentioned in agreement which is duly registered?
Raj Kumar Makkad (Expert) 28 September 2011
I do agree with the specialized opinion of ajay.
Guest (Expert) 28 September 2011
If your builder has refused to provide you any certificate about carpet area and super area, you can also get that verified and certified by hiring some approved architect and discuss the matter with your builder, if you find any difference in his verbal statement and the charge made on you.
Sailesh Kumar Shah (Expert) 28 September 2011
Shri Ajay sethi has left no room to say. Also agree with Shri PS Dhingra.
prabhakar singh (Expert) 29 September 2011
""I do agree with the specialized opinion of ajay."" These words of Mr. Makkad ,if not appreciated by me,i will be failing in my duty of preaching the shloka ,i cited,3query back,which reads::


" yuktiyuktam vacho graham baladapi shukadapi !
yuktiheenam vachastyajyam vridhadapi shukadapi!!"


That means..'whatever is consistent with right reasoning should be ACCEPTED,even though it comes from a boy or even from a parrot;
And whatever is inconsistent therewith ought to be REJECTED,although emanating from an old man or even from the great sage shree SHUKA himself.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :