Saleable area in a flat-mumbai
Querist :
Anonymous
(Querist) 06 October 2011
This query is : Resolved
Dear Sir,
I have booked for a flat in Navimumbai, Kamothe 2010, for which the builder has now this month received the Occupancy certificate and is due to issue us the allotment letters. However last week when I had gone to inspect the flat and happened to take the actual measurement , I noticed that the builder has also included in Dry balcony area in the carpet measurement mentioned in the registered agreement.The dry balcony for each flat has no access from the flat and is a outside portion behind the toilet. It is covered by wall and we can only peep to the dry balcony through the toilet ventilation but cannot physically enter it.
My question is 1) Can the dry area be legally included in the carpet area of the flat and sold as we have no access to it.
The dry balcony measurement seems to have been included in the 'other saleable area' mentioned in the agreement. The carpet area of the flat is mentioned as CARPET AREA 500 sq ft + OTHER SALEABLE AREA -241 sq ft (Total 741 sq ft carpet referred in the registered agreement).
Please provide your valuable feedback as the builder is forcing us to take the possession of the flat,as a clause in the agreement states that -Delay in taking possession within 15 days will lead to a payment penalty for each day of delay.
2) Can you pls also refer me any individual lawyer / or any authority I can consult.
ajay sethi
(Expert) 06 October 2011
repeated query
Querist :
Anonymous
(Querist) 06 October 2011
Dear Sir,
This is the first time I am asking this specific query. Please let me know if this question has been asked by a another user as I am unable to find any similar query by another user on this platform.
Also my query is very specific to a totally different condition.
Thanking you
Jyoti
ajay sethi
(Expert) 06 October 2011
Carpet Area – The actual area you can use. The area on which ‘you can put a carpet’ in entire house, it includes everything bedroom, kitchen, hall, bathrooms, balcony
since you are unable to access dry balconcy it wont come under defintion of carpet area
builder although they mention that flat is being sold by carpet area in relaity all flats are sold on super built area .
Querist :
Anonymous
(Querist) 06 October 2011
Than you sir,
My query is that, as per govt regulations the builder has mentioned the carpet area in the sale registered agreement. Then how is it that CIDCO /muncipal authorities authorise them to sell unaccessable area as carpet area and mention the area in the sale agreement(CIDCO passes the builders plan & saleable area)and then further goes on to issue them a Occupation certificate.
Please let me know what is my remedy here. Should I go ahead and take the flat possession and then file a complaint against the builder ?Otherwise I will not get possession as I have paid 90% of my payment
ajay sethi
(Expert) 07 October 2011
take posession first . posession is most importsnt since you have paid 90%of money .
Querist :
Anonymous
(Querist) 08 October 2011
Thanks Sir,for your precious & logical opinion.
