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can a builder charge more than agreement to sale amount?

This is a discussion on can a builder charge more than agreement to sale amount? within the Housing forums, part of the Real Estate category; Hello friends. I had purchased a flat in sep. 2008 with agreement to sale executed at a price of Rs. ...

  1. #1
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    Default can a builder charge more than agreement to sale amount?

    Hello friends. I had purchased a flat in sep. 2008 with agreement to sale executed at a price of Rs. 13 lac. Now till dec 2010 my builder hasn't given me possession which he was supposed to give in dec 2008. And now he is telling that Rs. 30000/- additional have to be given to him on account of discrepency in the build up area for which he has submitted a revised plan to the municipal authorities.
    I would like to know whether he can charge more than the agreement to sale account & whether I should pay him this amount?
    Plz help me.

  2. #2
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    Hi,
    Now the builder has sent us a letter saying that 60 sq. ft built up area has increased in the revised plan (not sanctioned by the municipal authorities) and hence the additional payment of Rs. 97000 has to be payed to him.
    He is including the areas of parking , stair case and balcony also in the built up area.Now As per my understanding these are included in the super builtup area and the parking area is not saleable as per a recent supreme court judgement.
    What should I do at this stage.

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