Legal Question in Consumer Law in India

I have purchased flat in pune 2012. At the time of registration builder told me that flat woulbe 2 bhk but at the time of registration he atatched flat diagram of 1bhk and long terrace. Now he is saying at the time of possession he will show that as 2bhk. Bluprint shown is of 1 BHK. Want to know the impact of wrong bluprint. What if he denied to change bluprint? Can i sell my falt as 2bhk though it is shown as 1 bhk in agreement? (but corrected in document which prepared at the time of possesion) or please tell me what i can do in such situation


Asked on 10/23/13, 12:38 am

3 Answers from Attorneys

THE BUILDER HAS CHEATED U AND AS A MATTER OF FACT SOLD 1 BHK AT THE COST OF 2 BHK.IN CASE U WILL TRY TO SELL IT AS 2 BHK U WILL ALSO BE COMMITTING THE SAME OFFENCE.U MAY SEEK CIVIL/AND CRIMINAL REMEDIES BY RETAINING A LAWYER .

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Answered on 10/23/13, 12:50 am
Fca Prashant Chavan Expert Edge LLP

23.10.2013

Dear Sir / Madam,

NO, you cannot sell your flat as a 2BHK when the Agreement for Sale clearly reads as 1 BHK. What is also important is the carpet area of the flat mentioned by the Builder in the Agreement. You have to tell the Builder to cancel the old registration and instead do the registration again with the correct 2BHK flat shown in the Agreement.

Regards,

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Answered on 10/23/13, 3:10 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

The builder has cheated you and is also cheating the municipal authorities by covering more area than allowed. if he gives you the 2nd B/r that would be illegal and could be demolished by the municipal authorities. Rest I agree with the above answers. You may drop in a detailed query at [email protected]

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JSR/231013

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Answered on 10/23/13, 4:13 am


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