The builder cannot charge customers more in the name of increasing the area

The Supreme Court further extended the sale agreement due to the increase in the sale area in the flat MoneyThe demand of the builders has been declared illegal. A bench headed by Justice DY Chandrachud against the decision of the National Consumer Commission BuilderWas hearing the appeal of, in which the builder, citing a contract provision, said that if the sales area increased by 10 per cent, his money would have to be paid separately.

The Supreme Court rejected the appeal

The builder appealed against the decision, but the Supreme Court rejected the appeal. Regarding the additional area, the plaintiff stated that the builder party had sent a request for additional sales area without any basis and the architect’s certificate was sent by Boyer at a later date. The builder said the additional area was demanded based on the architect’s report.

The commission said it has been observed that once the original plan is approved, the areas of the housing unit as well as common places and common houses are mentioned. The Super Area is not subject to change unless the area of ​​the flat or any common building or the total area (plot area) of the project is changed.

Improper trade practices

This is a common practice adopted by most builders / developers, which is basically an inappropriate business practice. It has become a tool to get additional funding from the allottees when a significant amount of the allottees ’project is stuck in the project and they cannot leave it. The commission said there is no such system when, in the final stages of an approved scheme, it issues some kind of certificate with respect to additional super zones.


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