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Short supplied Carpet Area in Re-development Agreement signed in 2001


07-Sep-2023 (In Property Law)

Sir, Re-development agreement signed in 2001 and we got possession of flat in 2004, where Carpet Area is less by 200+ Sq.Ft. Carpet Area as per Development agreement is 817 Sq.ft Physical Carpet Area is 592 Sq.Ft. as per architect certificate. Flat number in Re-development agreement is 302, Society numbered flat as 301 and Amended BMC approved plan is having flat no 303. How can I get short supplied area back from builder or compensation ? Please guide me.

Answers (2)

Answer #1
513 votes
Hello, If you wish to contest or acquire the area not provided as promised than you have two remedies, Civil by way of consumer complaint for default in services and Criminal for cheating, fraud and breach of trust. For this the D.A has to be perused in totality to understand whether developer has actually committed any default or that he can escape based on some clause in D.A
Advocate Purvi Shah

Adv. Purvi Shah

LawRato Mumbai | 25+ Answers
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Answer #2
572 votes
1) Point this discrepancy out to the builder and try to amicably resolve the issue. Ask for compensation for the short supply. 2) If the builder doesn't provide compensation then file a complaint in the appropriate consumer forum.
Advocate Ananya Gupta

Adv. Ananya Gupta

LawRatoMumbai | 5+ Answers
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