Malad Flat 41.54 Sq Ft Smaller Than Promised; Buyer Gets ₹7.39 Lakh
Malad Homebuyer Wins Carpet Area Case
A Mumbai homebuyer has secured compensation after his Malad West apartment was found to be 41.54 sq ft smaller than the carpet area promised by the developer.
The dispute concerned a residential unit at Shree Balaji Ashirwad.
According to the registered agreement for sale executed in January 2016, the buyer was to receive a 560 sq ft carpet-area apartment. Possession was handed over later that year.
However, a measurement subsequently conducted by a registered architect put the actual carpet area at only 518.46 sq ft.
Independent Architect's Report Becomes Crucial
The developer disputed the architect's findings.
However, the Maharashtra State Consumer Commission observed that the developer did not submit its own independent technical measurement to rebut the buyer's evidence.
The Commission therefore accepted the architect's measurement and held that a developer cannot reduce the agreed living space without a corresponding reduction in consideration or the purchaser's express written consent.
Buyer Awarded ₹7.39 Lakh Plus Interest
The 41.54 sq ft shortfall was valued at ₹6,64,640, based on ₹16,000 per sq ft.
The Commission additionally awarded ₹50,000 towards mental agony and harassment and ₹25,000 towards litigation expenses, bringing the fixed compensation to ₹7,39,640.
The ₹6,64,640 component will also carry 9% simple interest from the filing of the complaint until payment.
Full OC and Society Issues Also Raised
The buyer's complaint also involved the building's occupation certificate and formation of the co-operative housing society.
Records before the Commission showed that the project had received only a Part OC for the second to sixteenth floors, with deviations recorded on the ground and first floors.
The developer was directed to complete the remaining building and statutory compliances and facilitate formation of the housing society within four months.
The case is particularly relevant for Mumbai homebuyers because it demonstrates why the carpet area stated in the registered agreement should be independently checked if the physical dimensions of a property appear inconsistent.
Sandeep Sadh’s Take:
Homebuyers should treat carpet area as a contractual specification, not just a sales figure. Measuring the property at possession can help identify discrepancies while the relevant documents and evidence are readily available.
