LMD asks cops, BMC to prosecute builders who give less carpet area than promised

In an unprecedented move, the Legal Metrology Department (LMD) has shot off letters to the Mumbai Police Commissioner and Commissioner of Brihanmumbai Municipal Corporation (BMC) asking them to take action on builders who gave less carpet area to the buyers than what was promised. The LMD is currently probing 16 such cases, sources said.

In December last year, LMD had seized one flat in a building at Mulund. This action was taken on the basis of a complaint by Mulund resident and interior designer Nitin Dharap, who approached LMD on December 17, stating that he had got less carpet area in his flat than what was set down in the purchase agreement.

Thereafter the department got in touch with builder Kamalnath Universal Private Limited and later seized a flat in Purvanchal Cooperative Housing Society at Navghar Road in Mulund (E). It was found that the carpet area of the flat was claimed to be 540 sqft, and the flat costs around Rs1 crore. The panchnama carried out by LMD on December 26 revealed that the area of the flat was less than promised by 3.7262 sq m.

A similar case occurred recently in Kharghar, Navi Mumbai. The third case involves a reputed builder and his building in Jogeshwari.

"We have sent letters to the police and BMC informing them about three cases in which builders had duped buyers on carpet area. In all these cases a panchnama carried out by Legal Metrology confirmed that the carpet area was less than promised. The police can take a decision on whether cheating and forgery cases can be registered against the builders," said Additional Director General of Police and Controller of Weights and Measures, Sanjay Pandey.

"BMC can take action on their own men. BMC has the blueprints of the buildings. If the builder is giving less space than promised and charging money for agreed carpet area, then it is the fault of the BMC officer concerned. The officer should conduct periodic checks to ensure that buyers are not cheated," said an LMD official.

"We are presently investigating 16 such cases in which builders have allegedly duped buyers over carpet area. Some of these cases are pending in court," Pandey said.