If built up area is wrongly mentioned you are entitled fir refund of excess amount paid by you 

2) file complaint against builder before consumer forum or RERA and seek refund of excess amount paid by you 

3) builder cannot sell open car parking slot seek refund of money paid by you for parking slot 

1. The Builder has to sell the unit on the basis of Carpet Area and not on the basis of Built-up or Super Built-up area, as per RERA Act, 2016 favouring the buyer.

2.  It's not right on the part of the Builder to have wrongly quoted Super Built-up Area as Built-up Area which amounts to misquoting of the fact.

3.  Builder should not have sold a parking slot seperately to the buyer, as the Builder is not supposed to sell and the parking slot comes under common area.

4.  Send a legal notice to the Builder quoting the RERA Act, that he should have sold the flat only based on Carpet Area and not based on Super Built-up Area or Built-up Area. Moreover the Builder has to be legally tackled for misguiding the buyer by mentioning as Built-up Area whereas in reality it's Super Built-up Area.

5.  If no positive response is received from the Builder, complain to the jurisdictional RERA.

- As per rule, when a person buy an apartment then technically he buys two things,

1. First is the constructed part of the building where that purchaser after becoming owner will actually reside, and

2. The Second is a proportionate share of the land on which the property is built, and this share of land allotted to the flat buyer is known as an undivided land share or UDS.

- Further, the value of the said flat/property is depend on the UDS, and constructed area i.e. Land rate will increase and not the value of the constructed flats rate. 

- Further, the sum of all the undivided shares for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.

- Hence, the details of the undivided share of land. must be mentioned in the sale agreement, and further the same details should be mention in the Sale deed ,at the time of registering the same .

- Further, as per rule, common area is not a part of undivided share, and legally it cannot be included as part of the floor area. 

- Further, the builder having no right to sell the parking area and it come under the common area , and when the society will be formed then you will loose the right in the parking space . 

- Lodge a compliant against the builder. 

Dear Querist

When it is mentioned in the sale deed that the area of 1345 sqft (Including Common area) so they measured all the common areas in your area like passage/pathways, stairs, lifts etc. hence on this ground you cannot be allowed to say that there is any misinformation.

But if they charged you Rs. 3.5 lacs for parking then you may issue a legal notice regarding the same as this is not legal but amount should be paid in white, cash shall not be considered as valid transaction.

Feel Free to Call

Under rera builder can sell garage parking to allottee. But it will be covered from 3 sides

Do you have any proof of getting a parking allotment?

The built-up area is different from the super built-up area, it does not cover stairs and the area outside your house.
So if he is taking a super built-up area as a built-up area so you are eligible to get a refund along with the interest.

A car parking slot cannot be legally sold. You may complain to the State RERA Authority in writing against the promoter's illegal practice.

Built up area (including common areas) means super built up area 

Because a built up area does not include common areas 

The builder has to mandatorily mention the carpet area in the agreement though. The price for that has to be separately mentioned. The builder can also Charge you for the common areas facilities and amenities. The cost of that has to be separately mentioned in the agreement as well. 

The builder can sell stilt or covered parking. But if he has sold to you open to sky parking then that is illegal since open to sky area would ultimately have to be conveyed to the society of flat purchasers as it comes under common areas. 

You also need to check the sanctioned building plans to ascertain the exact carpet area and whether the plans have the parking areas which are being sold by the builder. 

Builders use the loading factor on the carpet area to arrive at the super built-up area. According to Real Estate Regulatory Authority (RERA), the carpet area, built-up area, as well as the share of the common area like stairs, lobbies, that can be used by the entire building is defined as Super Built-up area.

Generally the lobby, lift, garden and the swimming pool if any come under the super built up area.

The stair case outside the house, the terrace, balcony and the utility area come under the built area in addition to the carpet area. 

Therefore you may calculate the same accordingly.

You can demand receipt from builder for the additional charges he collected in the name of allotment of perking space.

He is supposed to provide car parking space area which is part of common area  and he has collected the amount which includes this facility too.

If he refuses to give any receipt then you can file a suit for recovery of this amount before consumer forum for his unfair trade practice for collecting amount towards parking space along with compensation for deficiency in service.

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Dear client, 

You can ask your builder to refund your money or any other option of your liking and if they do not agree then you may proceed with legal action against the builder. For legal complaints, The Real Estate (Regulation and Development) Act, 2016 (RERA) Complaint against builder can be filed in the Consumer Court under the Consumer Protection Act 2019 in the district where you reside. Complaint against builder may also be filed under The Real Estate (Regulation and Development) Act, 2016 (RERA). 

Thank you. 

1. The Builder should have mentioned clearly that it is super built up area where in it has played the trick to mislead the buyer.

2. If the Builder has sold the parking space by taking consideration from the buyers of the flat, he is legally bound to record the said transaction in the Sale Deed registered by him.