Builder intentionally misrepresented -avoided mentioning- carpet area
7 months ago
I have purchased a pre-construction flat in this year which is currently under construction. T
On the first day, upon asking, the marketing team unofficially (verbally) told me (before purchase) that they will maintain 25% extra for super built up area. While meeting them after a few days, they told me it's actually 30% (showed us from booklet). However neither have they provided the booklet to us nor the information is available online. After that time, as I applied for home loan and started the paying the demands as per completion of the construction stages, suddenly I realised that they have not shared official floor plan with us (we were using floor plan which was available in 3rd party website) . The Floor plan was not also present in the sale agreement (which was registered). They have only mentioned super built up area and not carpet area in any places. Even though we had asked them multiple times to confirm us the carpet area, they didn't give us the answer. Now when we started checking the area roughly by the existing floor plan that we have, we are finding that they are maintaining more than 40% difference between super built up and carpet area. This is an absolute violation of anything that was informed to us verbally and moreover not mentioned at all in the sale agreement. Also we came to know that the builder has applied for RERA id for the project after registering our sale agreement. They have intentionally hidden carpet area information from us. Secondly they are also promoting few features in marketing and charging for them, which are not sanctioned in the plan.
What can I do as I have been cheated?
Before the RERA, i.e, The Real Estate(Regulation and Development) Act, 2016 came into force, builder-buyer agreements were invariably made in favour of the builders. Considering that agreement bias and pro-builders were key points of concern for the buyer community, the RERA tried to address this, by laying fair and proactive rules for drafting and executing builder-buyer agreements, referred to as Agreements for Sale in the Real Estate (Regulation and Development) Act, 2016. An agreement for sale, according to the law, refers to an agreement entered into between the promoter and the allottee. After the RERA, builders are mandated to draft and execute the builder-buyer agreement specifying therein the carpet area and the ratio of the percentage of super built-up area, in line with the provisions laid under the home buyer-specific law. To safeguard one’s interest, the builder-buyer agreement for sale should be made under Sec.13(1) of RE(R & D) Act, 2016 and as per the prescribed format made under State Rules and executed between the parties and registered after payment of the booking amount. A builder-buyer agreement can also be termed as an unfair contract, if it breaches certain conditions as specified under Section 2(46) of the Consumer Protection Act, 2019. So, if the under-construction property is a registered project under RERA, then you may ask the Developer/Promoter to make out the Agreement for Sale following the mandatory provision of RERA and the model draft as prescribed by the State Rules. If the Promoter does not agree with your proposal, then reach out to the Office of RERA to file a complaint on the subject for the desired relief.
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