| Question And Answer | |
|---|---|
| Subject: | Price discrepancy |
| Category: | Income-Tax |
| Querist: | Chetan |
| Answered by: | Law Intern |
| Tags: | redevelopment |
| Date: | March 27, 2025 |
Dear Sir,
In Brief: Builder approached for reconstruction of our existing flat, out of 34 members 29 got convinced. In our flat there are 3 types of apartment
a) 40 Sq.yards (14 flats out of 34)
b) 55 Sq. Yards (04 flats out of 34)
c) 72 Sq. Yards (16 flats out of 34)
Now, builder has proposed offer of 100Sq. Yards flat to every house owner, we have an objection stating if 40 Sq.yard owner is getting 100 Sq.yard then accordingly we should get flat size of the 180 Sq.yard.
We have also given solution of giving us 2 flats, we are ready to pay balance amount or give us one flat and give appropriate amount to us
Whats can be done in this type of case according to law
1. Our point is reconstruction cannot go ahead focusing Individual property rights without fair compensation.
The builder’s offer of a uniform 100 sq. yard flat to all, regardless of original flat sizes (40, 55, or 72 sq. yards), appears to be unfair for owners of larger flats.
If the society is forcing an unfair deal or bypassing your rights, you are entitled to file a complaint with the Registrar. The Registrar can mediate or direct the society to address your concerns.
Alternatively, if the builder/society proceeds without your consent or offers an unjust deal, you may file a complaint under RERA (if the project is registered) or the Consumer Protection Act, 2019.
A last resort is to file a suit in the court for an injunction against demolition/ redevelopment and claim damages for loss of property value.