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Developer asking for more money on increase in Super Built Up Area
04-Jul-2023 (In Property Law)
I bought a flat in Dumdum Area, West Bengal which is under South Dumdum Municipality. The sale agreement was made on 6th of March 2019, when the building was under construction. According to the agreement, the measurement of the super built up area is "850 Sq ft. more or less" and we agreed to pay for it on a rate of Rs. 3200 per sq ft. which amounts to Rs. 27,20,000. Now 90% of the payment is made and the developer is suddenly saying I have to pay for 50 Sq ft. more after the completion. Now when I asked how this can be done after an agreement, the developer is saying that it was mentioned as "more or less" in the agreement. They also showed me a new plan which is made by them according to the new measurement of 900 sq ft.
Now my question is, How can I fight with it legally?
What are the legal steps I should follow?
Can I move to the property and fight legally with the developer?
As per the query in law rato as the developer is asking for more money it is imp to know the clauses of the agreement and also you need to know whether the developer will provide you the completion certificate if the developer fails to provide it then you can file a case in consumer forum agaisnt him.
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Adv. Subhankar Sanyal
Kolkata | 200+ Answers
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is that 50 sq ft will be belong to u after paymeny ? is that agreement for sale is registered? if the developer has sanction the plan from the Dumdum municipality then only he can construct the said flat after construction the new plan is not valid . you can fight for your justice before the court of law consumer forum.
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Adv. Sharmin Zafar
Kolkata | 100+ Answers
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serve a legal notice raising your objection asking the developer to stick by the terms of sale agreement and complete the registration process. Further you can raise your objection in legal notice that no prior intimation on such deviation was given to you by them nor your consent was taken by them. You can lodge your complaint with WBHIRA if the building is registered under WBHIRA else move the consumer forum for redressal of your grievances.
You can contact me for further assistance
You can contact me for further assistance
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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