What can be the opinion and guidance against builder's demand of compensation?
Under the owner's allocation in the registered JDA, it is stated as follows: a) The owners will get 50% of the entire sanctioned plan or constructed area only. b) The owners will get the entire area of the second and third floors and two car parking spaces/garages, measuring about 144 square feet of super built-up area each, which is within the owner's allocation. Again, under the developer's allocation, it is stated: "After the completion of the building, if the measurement of the flat, garage, or unit is found to be in excess, the owners shall compensate the developer at the prevailing market rate. Similarly, if the measurement is less than 50% of the owner's allocation, the developer shall compensate or adjust the amount accordingly." Based on the excerpts of the agreement, we, the landowners, seek expert legal opinion on whether we are entitled to garage spaces up to 50% of the constructed area or if our entitlement is only 288 sq. ft. of built-up area, as claimed by the developer.
Consult a property lawyer to analyze the JDA agreement. If the developer is not honoring your rights, file a civil suit for specific performance or declaratory relief to clarify entitlement to garages and construction area. The court will interpret contract terms based on evidence. For further legal assistance contact us on our helpline number.
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