Carpet area is less than agreement

Amol Raut (Querist) 05 November 2014 This query is : Resolved
Me & my brother-in-law have purchased one flat ( 2BHK) each in the Building newly consturcted by the subject Developer. The carpet area as per the agreement, which is already registered, is 631 Sqft each ( he superbuiltup or sellable area 890sq. ft)

It was then submitted to to Bank for Housing Loan. The Bank in turn send for the valuation of the flat.

1. The carpet area shown in the report is 577 sq ft as against 631 sq ft ( which includes 3 balconies) as per agreement which shows abnormal difference between the two.

2. Builder is saying that report did not consider the Door jam areas of the two bath/WC and the two bedrooms. Even after adding around 9 sq ft. it is coming to 586 Sq. ft againt 631carpet area and turns out 826 sq.ft as superbuit up against 890sq.ft.

3. This measurement was done in fron of the Builder represenative.

My queries are:
1. As per the law can builder include balcony space in carpet area. If yes what is the multifactor considered ( 1 or 0.5)
2. does the door Jam area gets covered in carpet area.
3. What action we can take?

Our expectation from the developer will be to charge us atleast for actual carpet area only and settle the difference by making a supplementary/corrective agreement if need be.

Please advise the options we have !!

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ajay sethi (Expert) 05 November 2014
if builder has charged you for 631 square feet and actual area is 586 square feet then you can move consumer forum against builder and seek refund of money paid with interest. also seek compensation for mental torture you have undergone .

Amol Raut (Querist) 05 November 2014
Thanks Ajay for your response.
Can you please help me to get answers of the following queries

1. As per the law can builder include balcony space in carpet area. If yes what is the multifactor considered ( 1 or 0.5)
2. does the door Jam area (bathrooms/WC) gets covered in carpet area.

Rajendra K Goyal (Expert) 05 November 2014
The area calculation depends upon the agreement entered.

You may consult local lawyer for state government instructions if any in the matter.

Devajyoti Barman (Expert) 06 November 2014
1. Balcony area always comes within carpet area
2.Yes, these are too.

Guest (Expert) 10 December 2014
Well Advised

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