By Legal Cell
Section 2(k) of Real Estate (Regulation and Development) Act 2016 (RERA) have very well defined the carpet area. RERA’s chief and main object is to have transparency in Real Estate Transactions. Hence it is very important that the home buyer must know what is the carpet area he/ she is buying.
In the matter of Deepak Pande & Anr VS Larsen and Toubro (CC006000000100256) Maha RERA, the Hon’ble Authority defined the difference. The Order dated 17th August 2021 have maintained the definition of carpet area in RERA and MOFA and observed in para 8 :
“……….. Before talking up the facts of the case on hand, it is necessary to reproduce here the definition of carpet area under Section 2(k) of the said Act. It reads thus:
“carpet area” means net usable floor area of an apartment, excluding the area covered by the external walls, area under services, shafts, exclusive balcony or verandah area and exclusive open terrace area, but including the area covered by the internal partition walls of the Apartment.”
The Order further adds:
” When it comes to MOFA, under Section 3(m), Promoter was to disclose one of the particulars in the advertisement for sale of flats and clause (i) states the particulars to the extent of carpet area of the flat including the areas of balconies whereas under RERA, balconies have been excluded in the definition of carpet area.
The observation of the Authority para 8 :
It is clear from the facts of the complaint that on the date of booking of the said apartment MOFA was in effect and on the date of the said agreement RERA was holding the ground. Both the Acts defined carpet area differently.
Hence there is no actual change but simply a variation / difference in the methodology of calculation of carpet area as per MOFA and RERA from time to time.
