• Carpet area vs super area

We have a flat in  agroup housing project which has 13 towers .In 12 towers the builder has taken a loading of 27 % on the carpet area however in my tower (13th) he has taken a loading of 45% on the carpet area.Kindly suggest can i go for the court case .Ismy case strong enough. and how much time it will take to close the case .Also suggest any good lawyer in delhi dealing with such type of cases.
Asked 2 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) flat is sold on basis of carpet area .

2) the sale deed entered into by the builder with you would mention the carpet area  of the flat 

3) builder cannot sell flat on basis of super built up area . although many  builder sell on super built area agreement mentions only carpet area of the flat 

4) you can move consumer forum against the builder for unfair  trade practice if he has sold flat on super built up basis 

5) cases before consumer forum take 2 years to be disposed of 

6) you can search in kaanoon.com website for lawyers in Delhi 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1) take possession of flat under protest 

2) then move consumer forum against the builder 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

What is the sale agreement mentioning about this issue?
Is there any mention about the percentage of carpet area  or other details in it?  
What do you mean to say that builder has taken a loading of 45% in the carpet area? 
Loading: The difference between the super built-up area and the carpet area is called loading.
Carpet area is nothing but the net usable area inside the house. This is the actual area which you can call your personal space and you should be really concerned about while buying a property.
Built up Area  consists of carpet area, area covered by inner and outer walls and additional areas mandated by the authority such as flower beds, dry balcony etc.
Super Built up Area : Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc.

Now to your question of 45% loading on the carpet area:

This break up is extremely essential as builders can place anywhere from 65%-85% of the super built-up area as carpet area. That means, if the price is quoted as Rs. 1,000 per sq ft super built-up area, the carpet area could be anywhere from Rs. 650 per sq ft to Rs. 850 per sq ft. If this break up is not mentioned in the agreement, demand that the vendor/ builder mention it in the sale deed. 
not every ‘informed’ home buyer would be aware of the loading factor –or of the correct way of calculating it- even if he is conversant with terms like Carpet Area and Floor Area Ratio. Brokers might take advantage of this lack of information and the buyer might end up paying more for less space.

If the norms are not justified and appears to be violated, or builder is not cooperating or giving a proper reply,approach court for stay.
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

Yes what has been promised on documents is worng vis-a-vis what has been given in reality. Ideally you should not take possession of a FAULTY product. i.e the what you are getting is almost half the size of what you bought and the justification from the developer would be inform of Carpet ad Super area. These are one of the few ,malpractices of the developers. It is suggested to file criminal complaint of cheating , file a consumer case mentioning the facts and claim for refund along with interest. 
Atulay Nehra
Advocate, Noida
1029 Answers
35 Consultations

4.7 on 5.0

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