• Less carpet area - apartment size

Hi, 
My father booked a flat (3bhk/3b) in vijayawada(A.P) in December 2017 . It is a high rise apartment with 15 floors. In the brochure , only salable area ( super built up area- 1760 sq ft) is mentioned. Even in the agreement they is no mentioning of carpet area or common area which are going to loose. They mentioned just super built up area and flat layout. My father by trusting them thought that carpet area may be around 1500-1600 sqft and did not care about carpet area, when signing the agreement. we paid 70% of amount already. Since the building is still in construction and supposed to be delivered in June , 2019, we did not get chance to check the flat in person. Now, due to some doubt, when I calculated all areas ( kitchen, bed rooms and hall etc., ) , the total carpet area is only 1050 sqft.(which is total space in between the walls mentioned in layout). balconies are 140 sqft. Now carpet area(without balconies) is just 60% of entire super built up area. I am losing 560 sqft on the name of common area. I am paying 4400/sqft. Then I searched internet and came to know about RERA act. Even this apartment is registered under rera. When I asked the management about why there was no mention carpet area in agrrement/ brochure or atleast they did not inform us orally. Now the room sizes are too low. they are telling some stupid stories. There are total 400+ flats. Many ppl dont know there carpet areas. Now, how to deal this situation.
Asked 2 years ago in Property Law from United States
Religion: Hindu

1. If you have any grievance on the area of the flat the same can be complained against in RERA Tribunal.

2 So make a complaint therein which would adjudicate your disputes and if it finds merit in your compliant you would be adequately compensated.

3. The deductions of area from super built area is residential flat is generally varies between 25% to 35%.

Devajyoti Barman
Advocate, Kolkata
19589 Answers
278 Consultations

5.0 on 5.0

1. It is compulsory to mention the carpet area in sale agreement under Rera

2. The builder has to mention the cost of the flat in terms of carpet area and the cost for the common areas separately

3. You can ascertain the exact carpet area of your flat from the sanctioned plans. Ask the builder to show that to you

4. The cost of the apartment includes not only the flat cost but also the cost of common areas and facilities

5. So there is not much which you can do now

6. Also under Rera the builder is mandated to deliver the exact carpet area which is stated in your agreement

7. In your case you do not have such carpet area stated

8. So check the sanctioned plans and ask the builder to mention the exact carpet area in a supplementary agreement with you.

9. Though these scammers may not agree for that. So ask him to write it on his letterhead

10. Although you are now required to pay on saleable area, in future when you sell the apartment, you will be paid on super built up area only. You just have to inform the buyer the exact carpet area

11. So instead of withdrawing from the project and seeking refund, for which builder will forfeit some amount as stated in sale agreement, i suggest you to stay put

12. But just require this scammer to tell you the exact carpet area of your apartment as reflecting in the sanctioned plan lest builder will be liable for rera violation

13. Also note as per rera, the area of balconies is excluded from carpet area. Also, as idiotic as it may sound, the area under internal walls is included in carpet area, even though such area can never be used by anybody as it is covered by a wall.

14. Another confusion is regarding the different computation of carpet area as per development rules. The building plans including the layout of new flats are prepared in accordance with the development rules whose carpet area definition is different from definition of carpet area given in rera. But since rera is a central act, it will prevail over the state development rules

15. Its really sad that builders still continue to practice such unscrupulous practice when it is mandated under rera that informing about carpet area in agreement is compulsory

16. Lastly, on possession, check the carpet area by physically measuring it through a professional. If there is any discrepancy, then builder is liable to pay you for deficit area at prevalent market value

Yusuf Rampurawala
Advocate, Mumbai
5113 Answers
31 Consultations

5.0 on 5.0

file a complaint before RERA against the builder. simultaneously approach consumer court for deficiency in service.

Shaveta Sanghi
Advocate, CHANDIGARH
903 Answers
104 Consultations

5.0 on 5.0

hello

a complaint must be filed with the RERA tribunal there. a consumer complaint can also be filed in the state forum. before taking legal action, send a legal notice to the builder stating your case.

regards

Rahul Mishra
Advocate, Lucknow
7974 Answers
15 Consultations

5.0 on 5.0

Builder has to sell flat based on car pet area of flats

2) he cannot recover on basis of super built up area

3) sale deed should mention carpet area of flat

4) cancel your booking and seek refund

5) if builder fails to pay file complaint against builder before consumer forum seek refund of money paid with interest

6) also claim litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
74555 Answers
4459 Consultations

5.0 on 5.0

The common area calculations depends on FAR ( Factored area Ratio) as approved by the development authority and normally comes to 25% if FAR is 2.00

If you have some doubts you may complaint to RERA and builder has to justify the super and corpet area.

Also you have the opportunity to complaint in state consumer commission if not satisfied by RERA order.

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Sir under RERA it is compulsory for the developer to disclose the carpet area of the flat. Since in you case the developer has not disclosed same file a complaint before the RERA tribunal and pray for cancellation and seek your amount back along with the interest and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
24320 Answers
96 Consultations

5.0 on 5.0

Hi

1) Since the builder has got the project cleared under RERA, he should have submitted his Price quote in Carpet Area Only and not on Super Built up area in the agreement of sale and receipts.

2) Also , as per AP Building rules, the Carpet Area should be a minimum of 71.2% of Super Built up Area(in case of high rise apartments) . Anything lower than minimum is not permissible and the allottee(you) have the right to claim refund/ price revised in accordance to carpet area.

3) In your case, the builder has erred in quoting super built up prices, which is against RERA and also against AP Building rules.

4) Also the builder has erred in the computing the ratio between super built up area and carpet area. as per your query, the builder should give you 1255 square feet of carpet area as per rules (excluding balconies) and charge you for 1255 square feet of carpet area (when super built up area is 1760 sft) only.

5) You can claim for a refund of excess monies along with annual interest paid under RERA (AP ACT) from the builder irrespective of whether you have an agreement or not.

6) The complaint should be filed before RERA before taking possession of the property.

7) You can file the complaint against the builder on line u/s 31 of RERA ACT using link https://www.rera.ap.gov.in/RERA/Views/ComplaintRegistration.aspx

8) Alternatively you can also file manually as per enclosed format (http://www.rerafiling.com/documents/andhra-pradesh/forms-for-buyer/complaint-to-regulatory-authority-form-M.pdf)

9) The fees for filing the complaint with RERA is 1000-/-

10) Prior to filing the complaint, you should have issued notices to the builder and give him 10 days time to rectify his mistakes (downward revision of price) or reply to the legal notice.

11) The Address of RERA at VIJAYAWADA is

ANDHRA PRADESH REAL ESTATE REGULATORY AUTHORITY,

1st Floor, PN Bus Station, RTC House, Vijayawada - 520013

Help Desk [deleted], [deleted] (Mon-Fri,10AM-6PM)

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1828 Answers
337 Consultations

5.0 on 5.0

Firslty, the reason which has been given to you are of no sense.

Secondly, there may be loads of few squares but not these much.

Thirdly, they didn’t mention it which they must have as a common language of the agreement or brochure just with the intention to cheat you all.

Fourhtly, I advice you to file a RERA complain as soon as possible.

Fifthly, don’t worry you would get all your money back with interest, but yes it may take some time now.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

If the builder has not revealed all the details of the flat at the time of sale agreement, then he has mislead you by not providing full information about the property. In which case you as the buyer can proceed to cancel the booking and seek full refund of your monies together with interest from the builder. If he does not comply with your demand, proceed to file a complaint with RERA authority immediately.

Kiran N. Murthy
Advocate, Bangalore
1277 Answers
183 Consultations

5.0 on 5.0

Ideally, the area of the common spaces should be calculated and added proportionately to each flat. However, this practice is rarely followed. As a thumb rule, most builders take 1.25 as the multiplying factor to calculate super built up area, multiplying the carpet area by 1.25.

Flats are generally priced on the basis of the area. However, the actual usable area of the flat may differ from the one you are charged for, or, the saleable area. The difference between the useable and saleable areas is a result of the space included in the calculation.

Carpet area is the net usable area measured wall to wall, from the inner faces of walls. Simply put, it is the area in a flat which can be covered by carpeting.

Built up area is the gross area of a flat. Besides the carpet area, it includes the space covered by the wall thickness and ducts. Generally, it is 10-15 per cent more than the carpet area of the flat.

Super built up area is calculated by adding the markup for common spaces to the built-up area. These common spaces include the ones on the floor (lifts, staircases etc) and those in the building (entrance lobby, electrical room, pump room, flower beds etc). Basically, it includes all the common amenities that are built, but not directly charged to the customer. Parking space is excluded from this calculation and is typically charged for separately. The current trend is to consider this as the saleable area.

This would increase the total saleable area by approximately 25 per cent.

This percentage is also commonly known as ‘loading’. Most builders quote loading figures while calculating the saleable area. For example, say the carpet area of your flat is 500 square feet. The builder may add loading of about 30 per cent. This means that have to pay for 650 square feet, in spite of using only 500 square feet.

This implies that a 1,000 sq ft flat (super built up) could have a carpet area of barely 500-600 sq ft. As a result, home owners can find themselves in a dingy flat in spite of paying a high price. Builders usually justify such high loads on the basis of amenities provided. Thus, it would be higher for larger schemes, where more space is given to amenities and common areas as compared to small projects without much frills.

T Kalaiselvan
Advocate, Vellore
64533 Answers
836 Consultations

5.0 on 5.0

1. Find out whether the builder has registered his project as per RERA or not.

2. First of all take possession of the property and then lodge a complaint before the RERA for selling you super built up area in place of carpet area claiming refund of the money illegally collected from your father with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
660 Consultations

5.0 on 5.0

Sale of flat would be on basis of carpet area of flat

The sale deed would mention carpet area of flat

Ajay Sethi
Advocate, Mumbai
74555 Answers
4459 Consultations

5.0 on 5.0

Built up area i. e 1760 sq ft

Yusuf Rampurawala
Advocate, Mumbai
5113 Answers
31 Consultations

5.0 on 5.0

Flat is always sold and bought at Super Built up area and not on Carpet Area. the Walls and common areas will always be included. So if you intend to sell the flat, you will be selling it at SBA only. Even the buyer will have to buy it in SBA only.

Kiran N. Murthy
Advocate, Bangalore
1277 Answers
183 Consultations

5.0 on 5.0

Sir the flat is sold on basis of the carpet area and a area of balcony not included in the carpet area.

Shubham Jhajharia
Advocate, Ahmedabad
24320 Answers
96 Consultations

5.0 on 5.0

1. You have been cheated by your builder for which you are contemplating legal action against him.

2. You should sell the said flat without following the steps taken by the builder but clearly disclosing the carpet area which was sold to you by the builder otherwise your buyer will get he chance to bring the charge of cheating against you.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
660 Consultations

5.0 on 5.0

You can sell the property on entirety basis.

You don't have to mention separately about other issues.

T Kalaiselvan
Advocate, Vellore
64533 Answers
836 Consultations

5.0 on 5.0

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