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Size not as per the agreement what can i do.


21-Dec-2023 (In Consumer Court Law)
Sir, I have a dispute with a builder (Army Welfare Housing Organisation). The builder has handed over the house on a plot size less than promised/paid. I wish to seek compensation for the same through arbitration. How can I ascertain the market value of the plot (per sqft)? Kindly help me.
Answers (5)

Answer #1
793 votes
you may file a consumer complaint instead of an Arbitration. the consumer forum in case of deficiency of service by builder provide for appropriate compensation it can be executed easily than the Arbitration proceeding. to ascertain the market value you may consult the consultant who may give the report size of the plot.
Answer #2
773 votes
For ascertaining the present market value you will have to calculate it on the basis of the prevailing circle rate. However, I would advise you to claim the general market value for your property and let the builder challenge the same.

Additionally, you should go ahead with a complaint for compensation for handing over a plot of a size less than what was promised before the consumer forum rather than arbitration as consumer courts are a more effective remedy.

Hope the above is helpful.
Answer #3
537 votes
Agreement between you and builder gives the scope for compensation through arbitration. If agreement provides the arbitration clause, than you can go for the arbitration. For the ascertain the market value of the plot, you may contact valuer, who providea you the market value of the plot.
Answer #4
679 votes
Rates per square feet depends on the circle rate of the area where the property is located. So far as claiming compensation is concerned, the agreement and or other related documents need to be reviewed. But being a consumer, u can claim compensation before the consumer court
Answer #5
631 votes
Approach an independent expert and take an opinion.
Basis the opinion, you can base your statement of claim before the Arbitrator.
Your remedy under The Consumer Protection Act, 1986 is also available to you.

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