In a first-of-its-kind case, the legal metrology department has seized a flat of a housing society building in Mulund after it was found that the builder had cheated the buyer on the total floor space. This first seizure of a flat will open up a plethora of similar cases and possible relief to buyers who are more often than not, cheated by builders on floor space.
What was the complaint?
According to officials, Mulund resident and interior designer Nitin Dharap had approached them on December 17 stating that he had got less floor space in his sixth floor flat of the ten-storyed Purvanchalo Housing society in, Navghar, Mulund than what was promised in the agreement. The department informed the builder Kamalnath Universal Private Limited that they could be carrying out a panchnama in order to measure the size of the flat.
What was the finding of the department?
The carpet area of the flat is 540 square feet carpet and the flat costs around Rs1 crore, The panchnama carried out on December 26 revealed that the flat was 3.7262 sq metres less than what was promised. The flat was then seized. Three more persons who have flats in the same building have approached the department with a similar complaint. "We are also writing to the police department to initiate an action in this regard," said special inspector general of police and controller of legal metrology, Sanjay Pandey.
What are the relevant rules?
The method by which the builders measure the area needs to be certified by metrology department. This office comes under the weights and measures department. "None of the builders have got measures certified from our department. So if any person comes to us saying he would want to know whether he has been cheated on floor space by the builder we look into the case," Pandey said. "We appeal to the people to come forward and approach us if they have similar complaints about their apartments," Pandey added.?
Have the flats been handed over?
According to Dharap, the society had gone for redevelopment in 2008. There are 14 members in the society and most of them suspected that there was something fishy. We were supposed to get possession of flats within 18 months, but till date the possession has not been given," said Dharap. Even the rents given by the builder to members to stay elsewhere till the flats were handed over, were not paid for five months. After the department action, the rents were paid. Dharap expressed happiness over the action taken by metrology department. "Even though my flat has been seized, I am happy with the action taken by Metrology department. I ran from pillar to post in the corporation nobody paid heeds to my complaint.," he said.
Now what action can be taken by the department and the builder?
Now, the builder has to give an undertaking stating that he is ready to pay the compounding amount, will not indulge in such practice in future and is ready to make corrections and give the promised floor area. We will put up a file to the controller. The controller may compound the builder or may also move the court," said deputy controller, Sudhir Wagh.
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