Thane: Notice to builder for giving residents smaller flats than promised
The Legal Metrology department of the state has issued a notice to a top builder for allegedly not giving home buyers the area they had been promised in their flats.
On June 25, the members of Runwal Pearl, Thane, had submitted a complaint to the Legal Metrology department, claiming that the area of the house that they had been given was not what the builder had promised
Thane’s Legal Metrology department issued the notice to Runwal Builders earlier this week, after it found that the carpet area of the 3BHK flat in its Runwal Pearl project, Thane (West), wasn’t what was detailed in the agreement.
According to R Dalvi, a senior officer from the Metrology department, Thane, the notice was issued earlier this week to the builder, seeking his reply on the same. “We received complaints from members of the building Runwal Pearl and found their complaint to be legitimate, and hence we have issued the notice to the builder,” said Dalvi.
On June 25, the members of the building had submitted a complaint to the Legal Metrology department, claiming that the area of the house that they had been given was not what the builder had promised.
A team from the department visited the houses in the society and found out that the flats were only around 875 sq ft in area (each room was 71.38 sq metres and the attached balcony was 10.04 sq meters, making up 81.42 sq metres, or 876.4 sq ft, in all), compared to the 935 sq ft allegedly promised by the builder.
Going flat out
According to sources, most of the residents had moved to the building in 2012, and many then realised that the area given wasn’t the one offered in the agreement. They then corresponded with the builder several times, to no avail.
“The members of the society heard that the Legal Metrology department can help them measure the flat and the ratified measurement also is a legal document. The department, when it measured the flat, found that the measurement was lower than promised.
Earlier this week, the department sent the notice to the builder seeking his reply,” said a source. None of the residents in the building wished to comment on the issue and claimed that they do not wish to speak about it and have done whatever they had to do.
However, the issue they have with the measurement done by the metrology department is that, the flat area calculated by the department includes even the balcony, which many claim isn’t part of the carpet area, and hence shouldn’t be added to the size of the flat.
Even with the addition, the flat size is lower than promised. If no response is received from the builder within the stipulated time period, the Legal Metrology department files a complaint with the Judicial Magistrate, First Class, and takes the matter ahead legally.
The other side
Sandeep Runwal of Runwal Builders said, “There was no notice given to us before the legal metrology department carried out the measurement. Also, measurements were carried out four years after handing over possession; people must have carried out alterations.
We do not know how the measurement has been done, we have given more area; our plans have been passed by the Thane Municipal Corporation. Why was the measurement done in our absence? The law of natural justice hasn’t been followed.”
He added, “What I have been told is the usable area is more than what the home buyers were supposed to receive. Still they are raising issues. If they feel the carpet area is less, then the TMC officials should have also been called for the measurement.”
What was promised
>> A 3BHK apartment of 935 sq ft
>> Actual flat size as per the Legal Metrology department’s measurement* is 876.4 sq ft
(*This measurement also includes the balcony)