Legal proceding against builder for short super built area
Shyamal Mukherjee
(Querist) 14 June 2012
This query is : Resolved
Dear Sir,
I have booked a 900 sq ft flat by legal agreement with promoter. Made all payment by cheque with money receipt. Take possasion on April,2012. The registration is pending. I have appointed a surveyor for final mesurement and find that the super built area is only 790 sq ft. short fall of 110 sq costing about rs.1.80 lacks.
The promoter did not follow sanction plan.
Please show me the way how can i get the payment back. He is also now asking money for registration fees.
Thanks & regards,
Shyamal Mukherjee
M-9432816907
Adv.R.P.Chugh
(Expert) 14 June 2012
1. Serve him a legal notice pointing out the difference between promise and performance, asking him to make good the loss or set off if any demand is outstanding to him.
2. In default of which file a case in consumer court for deficiency of service alongwith surveyor's report.
Feel free to talk !
Devajyoti Barman
(Expert) 14 June 2012
This is a clear case of unfair trade practice and deficiency of service.
You can get appropriate relief from the Consumer Forum both in terms of return of excess payment and of liquidated damages out of this unlawful acts.
If you are from WB specially Kolkata area you can rest assured about the reliefs as Consumer Fora at this part of India is very strict against such rampant unfair practices of the Developers, a legacy of earlier regime.
Adv Archana Deshmukh
(Expert) 14 June 2012
As Adv. Bharat Chugh said first of all give a legal notice asking him to make good the loss or pay the compensation. If he does not comply then, you approach the consumer forum with all the evidence.
ajay sethi
(Expert) 14 June 2012
please not e that flat is sold to you on carpet basis not on super built up basis . please point out one clause in agreemenr wherein builder has sold you flat on super built basis . contact a local lawyer .
you have to pay registration fees if you want posession of flat . pay fees take posession of flat first . dont move consumer forum now .
the issue that building has not been done as per sanctioned plan can be agitated after taking posession of flat
Shyamal Mukherjee
(Querist) 15 June 2012
Thanks for your Reply. I need some more discussion and expart comments on it. I am requesting all expart to give their comments. Also say the role of local police station can play. In the mean time I went to the promoter office but he rejected my complain. I told him to call his survayor to prove him clineness.
Thanks & regards,
Shyamal Mukherjee
9432816907
ajay sethi
(Expert) 15 June 2012
if flat cannot be sold on super built up basis what role will police play? they wont register any complaint .
as ai advised you check your carpet area mentioned in agreement . if there is variance in carpet area then you have a case
Shonee Kapoor
(Expert) 17 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
