Legal Metrology Dept to the rescue of aggrieved Property owners
The Legal Metrology department (LMD) has, for the first time, drafted rules to regulate the construction industry; thereby, it was hopeful of protecting the interests of property buyers from errant builders. The proposed Maharashtra Legal Metrology Rules, 2015, prepared by the LMD has been forwarded to the State and Central governments for approval. The department deals with measurements for immovable property and land.
New Rules to protect buyer interests
The rules proposed by the LMD will enable to reduce unfair trade practices that were prevalent in the real estate business. It will ensure that consumers are provided with the right delivery of area with regards to measurement of property as well as sale of unusable/leased area. According to the rules drafted, repeat offenders would be liable to be fined or even jailed depending on the severity and the number of times the offense was repeated.
Legal action against defaulters
A property buyer who feels that he has been cheated by the builder/developer with regards to the area or dimensions of the property he has purchased can present his case to the authorized officer. The area of the property can be measured by the officer, and if he finds any discrepancy, legal action can be taken against the defaulter/s. An incident in this regard which happened in Dec, 2014 can be recollected in this context. Following complaints from many owners of Krupa Cooperative Housing Society, in Mulund (East), that the builder had provided them with lesser sq. ft. area than what was mentioned in the agreement, the LMD sealed several apartments. Following this, the builder was forced to compensate the aggrieved flat owners for the extra area mentioned in the agreement.
Specifics of LMD Rules
As per LMD rules, for every property transaction undertaken, the actual area of the property sold, delivered or transferred should correspond to the area mentioned in the respective legal document. If in case the property purchaser has doubts with regards to the area that has been provided to him by the builder as opposed to the area mentioned in the document, he can demand physical measurements of the area or property dimensions, which the seller or his representative are bound o fulfill.
Besides, the carpet area of the property should be included along with a detailed plan with dimensions, in sale, conveyance deed, lease deed or any other documents that concerns transfer of property. The carpet area is measured in length and breadth from one plastered wall to another. The measurable area should include all structural projections like columns that form niches and offsets in the measurable area. Measurements of length and breadth of toilets and bathroom areas with tiled cladding should be done from one tile surface to another. Moreover, it is imperative that the areas that are considered for property valuation should be certified by a Certified Valuer under the Registration Act, 1908.
The draft rules also makes it mandatory that builders and developers should use only units and symbols of measurement as prescribed in the Legal Metrology (National Standards) Rules, 2011. Besides, only those measuring and weighing instruments as mentioned in the Legal Metrology (General) Rules, 2011, should be used for measuring, with periodical verification required regarding their genuineness. Accordingly, builders will not be able to advertise their projects in terms of square feet, as was the common practice. It is perceived in realty circles, that these new rules would go a long way in safeguarding the interests of property buyers.
