Super Area increased in Piyush Heights

[nanuchawla]

Hi All,

i wanna know, how come a builder increase the Super Area of the flat when it is near possession (in case they give possession as commited to High Court.) can we do something in this regards, or we have to pay the builder demand.

please revert if anyone have the answer.

regards
Sandeep Chawla
9560249404

[dheerajjain]

Hi Sandeep, we have to keep on pressurizing builder to withdraw illegal demands. When Piyush Group issued fit out letters, buyers who did not pay and stay united forced builder to withdraw fit out letter. Let us ensure that these builders do not play with hard earned money and dreams of mostly tax paying middle class flat buyers.

[nanuchawla]

Hi Sandeep, we have to keep on pressurizing builder to withdraw illegal demands. When Piyush Group issued fit out letters, buyers who did not pay and stay united forced builder to withdraw fit out letter. Let us ensure that these builders do not play with hard earned money and dreams of mostly tax paying middle class flat buyers.

So what we have to do now?

[dheerajjain]

First step is initiate written communication. Please send e-mails and registered/speed posts asking for providing calculations and justifications for increase in super area. Ask calculations both for increased super area and original super area for extracting the truth.You can use template like below:

Dear Sir,

This refers to your letter reference # xxxxxxxx dt. xxxxxxxxx, note 3 produced at end of your letter indicating increase in super area–

“The area of 3BHK unit has been increased to 1576 sqft. (from original super area of 1446 sqft.)”

Once you have declared this increase in (super) area, we hope that all measurements have been done and certified by competent authority in this regard. You will appreciate that it is ultimately the buyer who will be paying for this, provided same are properly justified by the measurement records/ certification by the competent authority proof of which is to be provided by M/s Piyush Buildwell India Ltd. immediately to the Buyers based on the declaration made by Piyush Buildwell India Ltd. of increase in super area through footnote in the above mentioned letter.

No complete supporting documents & calculations have been provided justifying increase in area so far.

You are requested to provide the following calculations along with certified supporting documents at the earliest, as being committed by your staff, for our review and perusal:

1. Complete calculations (i.e. with break-up dimensions of each area/ room /amenities) for arriving at the super area of 1446 sq.ft. as per earlier declaration mentioned in Buyer’s Agreement, Annexure-A, Page 14.

2. Complete calculations (i.e. with break-up dimensions of each area/ room /amenities) as per As-Built status for arriving at the super area of 1576 sq.ft. as being declared vide your above referred letter footnote.

3. Please ensure that your above calculations for Sl. No. 1 and 2, do include the following:

a) Carpet area dimensions considered in the calculations

b) Loading factor considered in the calculations

c) Calculations for saleable super area =. Carpet area + (Carpet Area x Loading Factor)

d) Carpet to saleable area ratio

e) Comparative dimensions (i.e. for 1446 sq.ft. v/s 1576 sq.ft.) in ft. and areas in sq. ft. of all rooms /areas, kitchens, living room, bed rooms, bathrooms, balcony etc.

f) All calculations for 1576 sq. ft. shall be based on actual and certified measurements for As-Built status.

Please note that in the absence of above certified and supporting documents and calculations, one cannot expect to force the customer to pay the additional amount (neither now nor at the time of possession) till you immediately provide all relevant documents in support of your claim for increase in area. Delay by you in providing these calculations and certified, supporting documents shall be solely to your account and we cannot be held responsible for non - payment/ late payment of this additional amount at any stage resulting due to non providing of relevant calculations and certified and supporting documents by Piyush Buildwell India Ltd. in justification of declared increase in super area. Needless to say that, on the contrary, if the final calculations/ measurements for arriving at super area is less than the original super area (1446 sq.ft.); the excess amount shall be immediately refunded by Piyush Buildwell India Ltd.

Looking forward to get complete calculations and certified/ supporting documents as requested above immediately/ latest by (mention date)

[nanuchawla]

In case they didnt revert on that, Is there any legal solution to this.

[dheerajjain]

Yes, there is always a legal solution

[dp2013]

Hello Everyone,

Has any one sent any letter to piyush requesting to share the details of the increase in the super area. If any one has got a revert would request to share it with all of us....


Thanks

[SPS72]

Yes I issued a letter asking the details of increased area along with other queries like not incorporating the adjustment of amount of penalty etc. but till date builder has not reverted with any type of explanation. what to do further please advice.

[dheerajjain]

Hello Everyone,

Has any one sent any letter to piyush requesting to share the details of the increase in the super area. If any one has got a revert would request to share it with all of us....


Thanks

I don't think someone has received satisfactory response from Piyush Group. Why not you also send out a letter? More the letters/e-mails, more is the pressure and more is the strength of buyers

[dp2013]

I have sent an email to all the email address that i had on the website. I see they have upload the current pictures showing the progress of work of each of the tower. New pictures like swimming pool , club houses have been added..I had few questions regarding the area increase, specifications etc which i have stated over my email. I hope i get a response now atleast else would send a letter through post requesting the information. I had a huge expecatation with the project ...crossing my fingers now......


Thanks

[stuteja]

What is the price/unit Piyush is charging for the increase in Super Area?

Is it the same at which the falt was booked by the buyers a few years ago?

[dheerajjain]

What is the price/unit Piyush is charging for the increase in Super Area?

Is it the same at which the falt was booked by the buyers a few years ago?

According to buyers agreement, if there is any revision of super area, then that increase should be charged on BSP and in withdrawn fit out letter demand, that was the basis.

[kumard31]

All,
I was following up with Piyush for the increased super area, here is what communication I have received from them:

Dear Sir,
We have been receiving queries regarding clarifications in respect of the area in our captioned project, in response to our letters for final area measurements. We are therefore sending this communication to you to address your area measurement related queries and we have tried to cover all your queries in our present communication to you.
As agreed with you, the area of your units in our project has been sold to you on the basis of super built up area, which contain actual built-up measurements of your units and pro-rata percentage share of the super area in the project. The detailed terms and conditions regarding the aspect of the area of your unit have been given in Para 3 to 7 of the Buyer(s) agreement executed by you with the Company. Para 3 of the Buyer(s) agreement is being reproduced hereunder for your ready reference:
“3. That the Buyer(s) hereby agrees that he shall pay the price of the said Flat and other charges calculated on the basis of super area, which is understood to include pro-rata share of the common areas in the Project. It is further understood and agreed by the Buyer(s) that the super area given in this Agreement is tentative and subject to change by the Company .....”
For your further clarification it is stated that the Super Area includes entrance lobby, lift lobbies, lift shafts, electrical shafts, fire, shafts, plumbing shafts and services ledges on all floors, common corridors and passages, staircases, mumties, service areas including but not limited to lift machine room, meter room, security/ fire control rooms, maintenance offices/ stores, common area on ground floor, boundary wall of plot, guard room, ESS and DG room, underground and overhead water storage tanks, pump room etc. However podium and car parking (stilt) area are not covered under super area.
Since the construction work at the site is acquiring shape, therefore we are able to take measurements. Recently we sent you information regarding the final measurements of your unit, wherein we mentioned that the final super area for 3BHK is 1576 sq. ft. It is hereby clarified that the given measurement of your 3BHK units is 1576 sq. ft. from which if pro-rata common area of 17.8% is deducted then result is the built-up area of your unit i.e. 1295 sq. ft.
We hope that above said explanations will put to rest your queries, however if you still have any query then please contact our customer care department on any working day between 10.30 am to 06.00 pm and our representatives shall be eager to assist you.

Thanks for giving us the opportunity to serve you and we assured you to serve better all the time.

Regards,
for Piyush Buildwell India Limited.

[anuj020676]

Dear Kumar,
What is the tentative super area mentioned in your BBA ?. Let us know the percentage variaion in tentatative figure and actual figure.

[kumard31]

in all documents is shows 1446 sq feet, and now it is 1576..........hence approx. 9% has been increased:(