• Measurement of area of flat

I understand that there are certain agencies which certify the actual area of the apartment/flat. This becomes helpful when contesting with the builder/developer on the area sold to the flat owner vs actual area of the flat. Please provide names of these agencies/institution available in Maharashtra. I wish to get the measurement done and take certification.
Asked 9 months ago in Property Law from United States
Religion: Hindu
1) You can measure the area of your flat through any architect . Not aware of any agencies in Maharashtra 

2) If area is lesser than promised complain to legal metereology department against the builder 

3) method by which the builders measure the area needs to be certified by metrology department. This office comes under the weights and measures department

4) in case area is less flat is seized and builder has to make corrections and give promised area of flat 
Ajay Sethi
Advocate, Mumbai
31054 Answers
1701 Consultations

5.0 on 5.0

1. You can engage a local  civil engineer who is qualified to measure the actual area of your flat and give a written report/certificate in this regard,

2. The said Civil Engineer's report/certificate is a valid document to submit as an evidence of the actual area of your flat before any Court of Law in India.  
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
326 Consultations

5.0 on 5.0

A Flat has been defined under the Maharashtra Owner ship Flat Act, 1963. A flat means a self-contained premises used or entitled to be used for the purpose of residence or office, showroom or shop or godown or for carrying on any other business and includes garage or premises which forms the part of the building and includes an apartment.
Before you purchase a flat, you have to have a title and document search conducted by a competent advocate. You cannot do it yourself. You have to use the services of a competent advocate. 
Difference between Built-up Area, Super Built-up Area and Carpet Area
Carpet Area: This is the area of the apartment / building which does not include the area of the walls.
Built-up Area: This includes the area of the walls also.
Super Built-up Area: This includes the built-up area along with the area under common spaces such as the lobby, lifts, stairs etc.
In order to unify and standardize the method of measurement of plinth, carpet and rentable areas of buildings, the Method of Measurement of Works of Civil Engineering Sectional Committee, CED44of Bureau of Indian Standards has been brought out and Indian Standards, namely IS3861:1975 Method of Measurement of Plinth carpet and Rentable Areas of Buildings.
 The architects, engineers, government departments, contractors, builders, developers and promoters and all others concerned should adopt/ implement this Indian Standard for uniform implementation of the standard method of measurement of areas of buildings.
The MCGM for Mumbai and Town planning authority .are some of the agencies which can be approached for the correctness of measurement of your area of flat.. 
T Kalaiselvan
Advocate, Vellore
21190 Answers
208 Consultations

5.0 on 5.0

generally each project gets approval from appropriate authority and construction begins after approval so you should ask your builder to produce approved plan of the site. in the plan you will get all the details about size of the flat, open space, amenities in the building etc. 
Shivendra Pratap Singh
Advocate, Lucknow
3880 Answers
56 Consultations

4.9 on 5.0

if you give detail about the city where you want to purchase that property then we can give you details about the name of concerned authority. like in Mumbai the CIDCO is the authority who approves such sites.
Shivendra Pratap Singh
Advocate, Lucknow
3880 Answers
56 Consultations

4.9 on 5.0

1)consult a local architect to get your flat measured 

2) if flat measurements are less than file complaint before consumer forum and seek refund of excess payment made by you 
Ajay Sethi
Advocate, Mumbai
31054 Answers
1701 Consultations

5.0 on 5.0

Times of India article  June 4th 2009 

: In a significant judgment that could be a trend-setting step towards protecting consumers against exploitation by builders, the State Consumer Disputes Redressal Commission has directed a city builder to pay a flat purchaser Rs 10.25 lakh with interest. The builder had passed off the super built-up area as the built-up area and given the flat owner less space then what had been mentioned in the agreement.
The verdict was passed in a case filed in 2001 by a Bandra resident, Allwyn Fernandes, against a prominent Bandra builder, Sydney Lobo of Trison builders. The consumer commission delved into the definition of ???built-up area??? and differentiated it from the concept of super built-up area to hold the builder guilty of deficiency in service.

MUMBAI: In a significant judgment that could be a trend-setting step towards protecting consumers against exploitation by builders, the State Consumer Disputes Redressal Commission has directed a city builder to pay a flat purchaser Rs 10.25 lakh with interest. The builder had passed off the super built-up area as the built-up area and given the flat owner less space then what had been mentioned in the agreement.
The verdict was passed in a case filed in 2001 by a Bandra resident, Allwyn Fernandes, against a prominent Bandra builder, Sydney Lobo of Trison builders. The consumer commission delved into the definition of ???built-up area??? and differentiated it from the concept of super built-up area to hold the builder guilty of deficiency in service.

???Built-up area is to be distinguished from super built-up or saleable area. Unlike the super built-up area, the built-up area will not include common areas???lift lobby, landings, staircase and the like. The built-up area will be the carpet area plus the area covered under walls. This can be verified as per actual measurement,?????? said the two-member panel headed by Justice B B Vagyani, president of the commission, last month.
The case had its origin in a development agreement dated 1993 when Fernandes surrendered his ancestral bungalow off Carter Road in Bandra to Trison builders for redevelopement. In exchange, the family was promised cash and two flats with a total built-up area of 1,410 sq ft near Mehboob Studio in Bandra. But eventually, Fernandes said he got 323 sq ft less than promised at Escada building. Feeling let down, he decided to drag the builder to the consumer court and in 2001 filed a complaint claiming compensation.
The main bone of contention was the ???lesser floor area of the flat??????. Relying on architects??? reports and the definitions provided by BMC rules, Fernandes???s lawyer Uday Wavikar said that the builder could not give a reduced floor area under the garb of a super-built area. Fernandes said that the built-up area could only include the carpet area plus 26% more.
But opposing the complaint and refuting the claim, the builder through advocate Denzil D???Mello contended that the ???built-up area included common facilities, such as the area under the lift, staircase, landing lobby.??????
Fernandes said he was first alerted when in 1999 the builder executed an agreement mentioning the area of the flat in terms of carpet area. He got the built-up area endorsed on a certificate, and still not satisfied, got his flats measured by an architects??? firm based on a map???only to realise that the built-up area was less than what the certificate showed.
The builder???s architect too came up with his calculations on the built-up area and while the notions of both sides clashed, the commission put to rest all confusion by saying that ???the correct approach for the calculation of built-up area would be as commonly understood and followed in the Mumbai municipal corporation??????.
???Once we exclude the proportionate area of the lift, lobby, staircase, landing space and common passages, the built-up area which is made available to the complainant comes to 1205.13 sq ft (including enclosed balcony and servant toilet). It makes a shortfall of 205 sq ft in the built-up area. Since the complainant had received an area which was less than what had been agreed upon, he needed to be compensated in terms of money as it was not possible to give any additional area in the building, the judgment said. The panel put the compensation at Rs 10.25 lakh at 9% interest since 1999, when the family had taken possession of the new flats.
The builder is likely to go in appeal against the commission???s order
Ajay Sethi
Advocate, Mumbai
31054 Answers
1701 Consultations

5.0 on 5.0

1. Collect the certificate of local civil engineer in connection with the actual carpet area of your flat.

2. The certificate will be accepted by the consumer forum as valid evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
326 Consultations

5.0 on 5.0

1. Consumer Forum will pass order for penalising the builder for having deficiency in service and unfair business practice.

2. In your case the act of the builder in charging for more carpet area than actually made available to you can certainly be considered as unfair business practice. 
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
326 Consultations

5.0 on 5.0

What is the step which we can take now? We wish to get carpet area verification certificates and file consumer case for more than 65 buyers.

The MCGM for Mumbai and Town planning authority .are some of the agencies which can be approached for the correctness of measurement of your area of flat.

Did you try with this department?
T Kalaiselvan
Advocate, Vellore
21190 Answers
208 Consultations

5.0 on 5.0

For reference, can you suggest some earlier judgement/orders passed by Consumer Courts/Civil Court wherein court has penalized builder for selling lesser carpet area. It will be of great help

For judgments you have to look for one yourself.
T Kalaiselvan
Advocate, Vellore
21190 Answers
208 Consultations

5.0 on 5.0

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