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Retrospective change of flat rates by RERA definition of carpet area


14-Sep-2023 (In Property Law)
For an ongoing project by any developer, if the flat has been bought based on super built-up area and the agreement had also been signed accordingly back in the year 2011. Is the builder liable to make adjustments to the final installment to be paid for possession as a result of the decrease in salable Carpet Area with respect to sold Super-Build Up area? 950sq.ft.- Super Built-up area 893sq.ft.- Carpet Area (including internal walls) Am I eligible for a return of the amount paid or adjustment of the amount due in the final installment against the decrease of 57sq.ft? If yes, should I challenge this before paying up the final installment with the builder/developer itself or should I do so after via consumer court?
Answers (1)

Answer #1
912 votes
Only some of the provisions of RERA are applicable for the ongoing projects e.g the details of the project have to be mentioned on the website etc. However all the provisions of RERA are applicable only for projects that began after the notification in 2017. In your case, the terms would be exactly as they were at the time you booked the flat.
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