1. • CommentAuthorvoramustanseer
   • CommentTimeMay 27th 2008

    

   • Answers: 1
   • Joined: May 27th 2008

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   This is regarding a commercial shop under construction and partly ready (of area 139.6 sq feet). As per the sale deed the total area of shop is 139.6 sq feet, however the property included a 45 sq feet ota (space outside the shop's shutter and exclusive of 139.6 sq feet).
   
   Off late builder has extended the shutter of the shop to cover the ota area within the shop and is claiming additional sum for an area of 90 sq feet (which includes 70 % loading) or else he says he would deduct the area of 90 sq feet from the hind side wall and sell to the neighboring shop buyer.
   
   At the initial inspection of the property (prior to purchase) the ota area was supposedly to be provided free of cost (however no mention is found in the agreement of the ota area). The same is the case with other shop owners who had booked the shop at least 2 years back. The builder is trying to make more money out of shop by asking to pay for additional 90 sq feet. He says since the agreement is already made and stamp duty is paid for 139.6 sq feet (agreement is still unregistered) he will not increase the area of the shop. Which means he would be charging us for additional 90 sq feet illegally without mentioning additional area in the sale deed.
   
   Is there any remedy in this situation for the shop owner? How can we avoid additional charges as he is illegally demanding the additional amount? Can we cancel the decision to purchase the shop, but we have already paid 70% of the cost of the shop to the builder?
2. •  
     CommentAuthorvikram
   • CommentTimeMay 31st 2008

    

   • Answers: 104
   • Joined: Jun 20th 2007

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   The builder is definitely trying to cheat you, prior to your purchase what I understand is that the ota should be under FSI(Floor Space Index) and by the time you purchased the FSI might have been granted to the property.
   
   You can consult a lawyer and issue a legal notice to the builder with reference to your agreement. Also, the case is strong in your case so need not worry much. But read between the lines if any "Force Majeure" is mentioned. A lawyer will explain you better.

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