SAGAR 24 September 2023

Under construction property - builder has hidden carpet area information

I have purchased a pre-construction flat in this year which is currently under construction. I have two issues.

Firstly and more importantly they have concealed the information of exact carpet are alloted to our unit (even not mentioned in sale agreement). Brief descripttion as below -

On the first day, upon asking, the marketing team unofficially (verbally) told me (before purchase) that they will maintain super built up area as 25% extra on carpet area.

While meeting them after a few days, they told me it's actually 30% (showed us from a booklet). We asked them why such difference as they told us 25% previously, to which they hesitsted to answer and pretended they didn't actually have that information previously.

However, neither have they provided us the booklet (from which they referred 30%) nor that particular information is available online (in any website) to cross check.

After that time, as I applied for home loan and started paying the demands (along with assistance of home loan) as per completion of the construction stages + monthly EMIs, I realised that they have not shared any official floor plan with us despite multiple requests from us(we were using normal floor plan which was available in 3rd party website) .

The Floor plan was not also present in the sale agreement (which was registered). They have only mentioned super built up area and not carpet area in any places in our agreement.

Even though we had asked them multiple times to confirm us the carpet area, they didn't give us the answer. Now when we started checking the area roughly by the existing floor plan that we have, we are finding that they are maintaining more than 40% difference between super built up and carpet area. This measurement was also supported by us actually measuring multiple other completed units which are of the same configuration as us.

This is an absolute violation of trust and this is fraud by the builder, in my opinion . As only 30% extra was informed to us verbally and moreover carpet area had not been mentioned at all in the sale agreement.

Also we came to know (from our research) that the builder has applied for RERA id for the project after some time of registering our sale agreement. They have intentionally hidden carpet area information from us whereas they have mentioned the carpet area information (and Built up) in RERA (but have not mentioned super built up area there).

Secondly they are also promoting few features while marketing and have charged us for them, which have not been sanctioned in the plan. They said they will do it later.

100% payment has NOT yet been completed to the builder.

What can I do as I have been cheated? What is the process for me to follow?

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10 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 September 2023

As per RERA Act flats have to be specified in terms of what is known as RERA carpet area. RERA carpet area is built-up area minus the area under the outer walls of the flat. The thickness of the outer wall in modern RCC buildings will be about 229mms. If the built-up area is known and if the dimensioned plan of the flat is available, it would be possible to calculate the RERA carpet area. You can go to consumer court against the builder. It is advisable that you take the help of a lawyer and an archetect. Do not make any further payment until the issue is settled. There may be other purchasers. Try to collect them and make joint application.

T. Kalaiselvan, Advocate (Advocate) 24 September 2023

Typically, the carpet area is 60-70% of the super built-up area in residential housing projects with several amenities and open space." This is calculated as the carpet area plus the area covered by walls, balconies, terrace and exclusive corridors, if any, all meant for the home owner's exclusive use.

If you suspect the builder to play fraud and if you have evidence to prove that you can issue a legal notice and then make a complaint against the builder with RERA for necessary relief

SAGAR 24 September 2023

I am trying to find other buyers and ask them.

If the time comes, should I go to RERA or Consumer forum? Since the project has received RERA id (seen online , not informed by builder) much later than my Sale agreement registration date.

In sale agreement, only super built up has been mentioned whereas in RERA, RERA carpet area & built up area has been mentioned - the difference of the two (RERA carpet area vs super built up area which is used for payment consideration ) is coming to more than 40% - that is my issue. I was only verbally told at every step that this is 30% (initially 25%) and shown once in one booklet but that was not provided to us nor available online.

Also the carpet area info is intentionally not mentioned anywhere other than RERA.

My unit is currently under construction.

T. Kalaiselvan, Advocate (Advocate) 24 September 2023

Yours is an under construction property.

If the sale agreement is not clear about the extent of the carpet area and the built area, then you can write a letter to the builder and send it by registered post (avoid email correspondence) clarifying the details and demand a repl;y witghin 7 days, if there is no response then you may issue a legal notice to the builder clarification and instruct the builder to specify the extent of the carpet area or cancel the booking and return the amount with interest from the date of booking.

If the builder's response is not sastisfactory then approach RERA immediately seeking relief and remedy

Sidhhi 25 September 2023

Please always mention the location where you have purchased the property to get appropriate guidance keeping in view local laws.

If it's in Multiple you can get access to all documents and correspondence between BMC and the developer if you have the File No. as BMC uploads them on it's website.

SAGAR 25 September 2023

It's in Kolkata, West Bengal

P. Venu (Advocate) 25 September 2023

Yes, you may issue legal notice and take up the issue with RERA, as already suggested.

SAGAR 25 September 2023

Thanks for all your comments.

If I may add something that I have missed earlier. When I had booked the pre-construction property, the developers had not yet applied for RERA certificate. So our payment sheet was based on the super built up area. To it addition of parking + GST + extra charges.

Now that I know they have RERA certificate (which they haven't informed us), shouldn't the payment be based on RERA Carpet area. Would I have a case , as builder has intentionally hidden the information that it has applied for RERA and still charging me (as per demands) on super built up area (where there is a loading factor of more than 40%)?

T. Kalaiselvan, Advocate (Advocate) 26 September 2023

You can proceed by taking initiations as advised earlier.

Issue a legal notice demanding the clarification about the actual extent of the carpet area , built up area and super built up area from the builder, failing to respond you may approach RERA with a complaint against the builder's fraudulent activity.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 September 2023

If the drawings are available now one can find out exact carpet area of the flat corresponding to the super-built up area. Whether the builder should give you carpet area equal to the super built-up area, or give you a reduction in price, only a court can decide.