Carpet area less than mentioned in the agreement

Madam,

The practical option in the matter would be to take possession of the flat as it is, get the document to the flat duly stamped and registered, then to take a certificate from a registered architect about the measurement, claim deficiency in services and file an application in a Consumer Forum for reimbursement for the lesser carpet area and mental harassment suffered.

Good Luck,

Kishor Mehta

Expert Mr. Kishor Mehta has given a valuable piece of advise and suggestion, I concur with his views, you may proceed if it suits you. 

But sir, the construction work is not complete. The interior of the flat is fully furnished but the ammenities and parking etc is not even started and without the completion certificate how will he give us possession. Also in our bank papers the builder has mentioned Oct 2016 as date of possession. Sir we have already paid for the Stamp-duty and Registraion, And that papers are with the bank.

Sir, the builder is not even agreeing to the measurements taken by LMD a government department dealing with weights and measurements.

Sir, how can a builder deny me my flat when I have paid 95% of total amount. 

Is it not my right as a consumer to question the builder if what I have purchased is not sold as promised and shown? Even the brochure -floor plan measurement doesnot total to the carpet area mentioned. But still he is adamant.

Madam,

As I understand the position, [1] The flat is with the builder, [2] 95% of the value of the flat is with the builder, [3] Stamp duty and Registration charges are paid; but [4] you do not have a duly stamped and registered document showing payments made and measurement of the flat. [5] You must be paying the EMI of the Bank.

How will it help you to enter into a lengthy legal procedure with the builder without a registered document to prove your ownership?

Ideal option would be to make the rest of the payment and get the ownership document stamped and registered. You can very well get a registered document to your flat even before possession. The tentative possession date has to be mentioned in the document, with a penalty clause for late possession.

This document will prove your ownership beyond doubt. Then you can take the builder to Consumer Forum and demand the reimbursement of the lesser carpet area, charges for mental harassment besides other demands of late possession.

The certificates of measurements that you have along with the brochure and floor plan of the builder will help you prove your case. You aught to get full reimbursement.

Good Luck,

Kishor Mehta

Sir, we have made an agreement of Assignment. It is a 3rd party agreement. The flat was assigned to someone else ( I guess Land owner). So the agreement is between assigner, the builder/promoter and us/assignee.

The agreement has payments detail,slab wise costing, flat no., area mentioned in Sqmt. and posession date as 2nd half quater of 2015.

The agreement has the clause that 95% payment is done by us and 5% is to be made at the time of possession.

The carpet area (which is wrong) is also mentioned.

Can bank help us in this as they verify the documents from the builder.