Difference in carpet area of my shop.

Is it that the area, as measured by the builder is wrong? Please note that the actual area is question of fact and it easily ascertainable with certainty.

Get it measured, if not satisfied consult and engage a local prudent lawyer for necessary proceeding.

Get the proper measurments and if there is differance in crapet area then issue l;egal notice to Builder and calim the refund of amount and damages

 If the carpet area differs, the builder must take action within 45 days of handing over possession:

Decrease: If the carpet area is reduced, the builder must reimburse the buyer for the excess amount with interest.

Increase: If the carpet area increases, the buyer may be asked to pay an additional amount, but the increase is limited to 3%.

Refund: If the carpet area is different, the builder must provide a proportional refund or adjust the price difference. 

Dearest reader,

After going through your query, I understand your concern regarding the discrepancy in the carpet area that you are facing and here I would like to provide you with some bits of suggestions that might help you out.

Firstly, I would like to let you know that the builder has to disclose the exact carpet area in all the agreements and he should also adhere to the same during the time of redevelopment. This has been mentioned under Section 4(2)(i)(D) of the Real Estate (Regulation and Development) Act, 2016 (RERA).

I recommend that you start by giving a review to the Sale Agreement to confirm the exact carpet area that has been mentioned if there is any discrepancy regarding the fact determining the carpet area mentioned in the sale agreement and the one according to the measurement of the builder during redevelopment, you have the right to challenge the same.

Here I am providing you with some steps that you may take:

1.     You can send a legal notice to the builder asking for an explanation regarding the reduced carpet area and also requesting rectification or compensation.

2.     If the issue remains unresolved, you can file a complaint with the RERA Authority stating Section 31 in which you are allowed to seek redressal for violations regarding the carpet area discrepancies.

3.     Additionally, you can also move to the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019 of your locality if this discrepancy has caused any sort of financial loss or amounts to unfair trade practices.

Referring to the case of Lavasa Corporation Ltd. v. Jitendra Jagdish Tulsiani, 2021 SCC OnLine NCDRC 1207 would be a really great idea.

I hope I was able to help you with the query and make things clear. If you need further clarifications, please feel free to connect with me on LinkedIn.

Thank You.