Can the Builder change the area under MAHARERA?
2 years ago
Our development agreement was done in 2013-14 . In 2017 the builder registered a project in Maharera. in agreement he agreed to give 225 sq.ft carpet area but after possession ( October, 2018 ) it is 210 sq. ft. When we asked, he said this is as per maharera regulation . Can the builder change ?
A.Dear Sir,
Area cannot be changed and if he wish to change as per any regulations then he has to seek consent of you. Without your consent nothing can be changed you may approach concerned courts.
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Area cannot be changed and if he wish to change as per any regulations then he has to seek consent of you. Without your consent nothing can be changed you may approach concerned courts.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
This is a matter of fraud since if the agreement was already signed indicating a certain square footage, the builder is required to notify you as soon as the area changes. The agreement was for a different matter hence that stands cancelled or rescinded as well.
If you find this answer helpful please rate my answer. Thank You.
This is a matter of fraud since if the agreement was already signed indicating a certain square footage, the builder is required to notify you as soon as the area changes. The agreement was for a different matter hence that stands cancelled or rescinded as well.
If you find this answer helpful please rate my answer. Thank You.
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A.Hi,
This is a case of fraud since if the agreement was already signed depicting a certain square feet then as soon as there is a change in the area the builder has to notify you. Since the agreement was for different possession and any change or alteration in material facts or the subject matter of the agreement will render it different in the eyes of law.
If you find this answer helpful please rate my answer. Thank You.
This is a case of fraud since if the agreement was already signed depicting a certain square feet then as soon as there is a change in the area the builder has to notify you. Since the agreement was for different possession and any change or alteration in material facts or the subject matter of the agreement will render it different in the eyes of law.
If you find this answer helpful please rate my answer. Thank You.
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