Super area increased without increase in Carpet Area in 2011. Can it be claimed back now ?
I had booked one flat in Noida Extension in 2010. But the builder increased the super area by 10% without any increase in the carpet area by informing that the new layout would be better than the old. Builder also got one consent letter signed in 2011. Later on, I came to know that the builder infact has increased the height of the towers and added few more towers to built more flats.
Can I claim this 10% additional charged by the builder in 2011. What is the legal remedy?. The project is not completed so far. Some 30 odd people are also with me and interested for legal action, if available. more
Mr. Sanjay Aggarwal, you can make a complaint to the Competition Commission of India to get your complaint redressed. However, you may give a Notice to the Builder Before filing your complaint to the Builder. more
Thanks a lot for your valuable suggestion. more
Yes you can seek remedy in consumer court as well as can file a suit for injunction in civil court. However the drafting of the petition will be main concern, as how your lawyer is going to make out a case and present the same as there is a thin line where you have given a consent for the same. more
Hello Mr. Sanjay, Which builder it is? please tell me the name as I am also planning to invest in the Noida Ext. so that I would not get trapped into hands of such builder. more
Dear Sir, Thanks a lot for your comments. Probably I could not place my case correctly. Actually, Builder booked the flat on a unapproved plan but later on revised the plan at the time of approval from authority to accommodate more flats to mint more money. At the same time, he told to the existing buyers that there is a change in layout plan and as a result your super area has been increased to take more money for the flat already booked. But there was no increase in the carpet area. Although new layout was shared, but it was not shared that the new plan have more number of flats on the same land. Which was known at later stage. I was looking for suggestion, can my group consisting of 30 odd buyers seek legal remedy for 10% extra charged by hiding the facts? Is there any limitation to file suit, since it pertains to March-2011? Which court is appropriate? more