Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I signed a construction agreement with a builder in December 2011. I paid for 2,443 sq.ft. as saleable area for a 3 bedroom flat. As per the agreement, the common area was 452 sq.ft., amenities area was 112 sq.ft. , wall area 216 sq.ft., and floor area 1663 sq.ft. The flat overdue by 22 months is yet to be handed over. I have a signed document stating that when the measurement was taken by the builder’s engineer in my presence, the carpet area was only 1,556 sq.ft. and the wall area was 308 sq.ft.. I have been denied 107 sq.ft. of carpet area on the grounds that the total plinth area (carpet area plus wall area) is correct.

There is not even an acknowledgement to my repeated communications that this is a definite breach of contract and the excess amount collected for reduced carpet area has to be given credit. Due to the inordinate and continuing delay I have been put to major losses and now 107 sq.ft. has been reduced.

I understand that normally wall area constitutes 10 per cent of the carpet area but up to 15 per cent can be allowed. In my case it is 20 per cent.

Chennai

As per the provisions of Real Estate (Regulation and Development) Act, the carpet area means net usable floor area of an apartment excluding the area covered by external walls, areas under service shafts, exclusive balcony, veranda or open space area but includes the areas covered by internal walls. The Act applies to ongoing projects as well. You may ask the developer to provide a statement signed by the developer’s architect certifying the correct extent of carpet area according to the above and work out your cost based on the same.