Haryana RERA: Unauthorized Increase in Super Built-Up Area Without Prior Consent of Complainant Deemed Unlawful

June 15, 2024

In a recent ruling, the Haryana Real Estate Regulatory Authority (Authority) bench, led by
Justice Ashok Sangwan (Member), has declared that any builder’s unilateral increase in the super
built-up area of a booked flat, from 707 sq. ft. to 874.09 sq. ft., without prior consent from the
complainant, is legally unacceptable. Consequently, the Authority has nullified the builder’s
demand letter seeking additional payment from the complainant owing to the augmented super
built-up area.

In real estate, the super built-up area encompasses not only the apartment’s carpet area but also shared
common spaces such as lobbies, staircases, and amenities, distributed proportionally among all units
within the building.

BACKGROUND FACTS

The complainant had reserved a unit in the builder’s forthcoming commercial venture, Global Foyer,
featuring a super area of 707 sq. ft. and a total price tag of Rs. 66,63,510. As per clause 17 of the buyer’s
agreement, the builder was obligated to deliver possession within 36 months from the contract signing.

Despite the complainant disbursing Rs. 61,71,805 towards the total cost, the builder failed to meet the
agreed-upon possession timeline.

Nearly three years later, on July 15, 2020, the builder issued a letter to the complainant
demanding holding charges, maintenance fees, and threatening to levy overdue charges at a rate
of 18% per annum.

Left with few options, the complainant lodged a protest via email on March 22, 2021, requesting
a meeting with the director to address the unauthorized expansion of the super area by over 10%.
Despite numerous appeals, the builder neither clarified the augmentation nor addressed queries
regarding the service apartment’s status.

Discontented with the builder’s actions, the complainant lodged a formal complaint with the Authority,
urging for interest on the deposited sum and the withdrawal of the demand letter.

AUTHORITY OBSERVATION AND DIRECTION

The Authority observed that the builder obtained the occupation certificate for the building
containing the complainant’s unit on April 5, 2018. Subsequently, possession of the unit was
tendered to the complainant via a letter dated January 22, 2019. In this communication, the
builder notified the complainant of a measured increase in the super area by 167.09 sq. ft.,
constituting over 23% growth, thus totaling the area to 874.09 sq. ft.

Citing their verdict in the case of Varun Gupta v/s Emaar MGF Land Ltd. (4031 of 2019), the
Authority reiterated that demanding extra payment due to an increase in the super area by the
builder from the allottee(s) is permissible, provided detailed justification is furnished to the
allottee(s) beforehand. Absent such rationale, any demand raised in this context is liable to be
invalidated.

Consequently, the Authority determined that demanding an augmentation in the super area
without prior notification and justification to the complainant is legally untenable. As a result,
the Authority annulled the demand letter, invoking the established principle that one cannot
benefit from their own misconduct. Furthermore, the Authority instructed the builder to
compensate the complainant with monthly interest at a rate of 10.85% per annum for the delay.

Posted and reproduced in Public Interest by

Adv. Sulaiman Bhimani Legal Consultant

Expert in RERA & Consumer Matters, Co-operative Scty Matters,

Deem Conveyance, Family Matters, and Property Disputes.

Human and Civil Rights Campaigner

President Citizens Justice Forum https://citizensjusticeforum.in