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Woman to be paid Rs 32 lakh for getting flat with smaller carpet area in Mumbai
The Indian Express  |  September 12, 2017

Express News Service Mumbai

A REAL Estate Developer and a housing society have been ordered by the State Consumer Disputes Redressal Commission to pay Rs 32 lakh to a woman for allegedly selling her a flat 208 sq ft smaller than what she was promised. The complainant, a Vile Parle resident, had approached the State Consumer Disputes Redressal Commission against the housing society and the developers, claiming “deficiency in service”.


According to the complainant, she was a member of a housing society in Vile Parle, which was old and in a dilapidated condition. The members passed a resolution in the society’s Annual General Meeting and invited tenders for redeveloping the building. A development agreement was executed with one of the builders in 2008.


The complainant told the commission that she was entitled to 35 per cent additional carpet area in the newly-constructed building. She had also purchased additional carpet area of 56 sqm. The woman claimed that while she was entitled to get a total carpet area of 894 sq ft, the carpet area was only 686 sq ft when she took possession of the flat.


The woman complained to the police, the Brihanmumbai Municipal Corporation as well as the Legal Metrology Department. She also claimed that she was entitled to an additional 35 per cent as per the Development Control (DC) rules.


The builders, named as opponents in the complaint, denied that the complainant was entitled to get a total carpet area of 894 sqft. They also denied that she was entitled to 25 per cent additional area under the DC Rules, claiming that she was entitled to get Rs 1.51 lakh as per the current market value of the flat.


The commission, however, concluded that the complainant had received less area in her flat in the new building. “We are of the opinion that the complainant is entitled to get market value of the area of the flat, which was not given to her,” it said. It also said the complainant’s claim of an extra 35 per cent area as per the DC Rules, was not proven, as it was not made clear whether the BMC had given extra Floor Space Index to the builder.


“We are of the opinion that as opponents (the builders) had not given flat to complainant as per the tri-parte agreement executed between the complainant, society and the builder, all opponents are responsible for giving this amount to the complainant,” the commission said. It directed the builders as well as the housing society to jointly pay Rs 32 lakh to the complainant within a month or pay interest till the amount is paid.