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(m) when the flats are advertised for sale, disclose inter alia in the advertisement the following particulars, namely:

(i) the extent of the carpet area of the flat including the area of the balconies which should be shown separately;
(ii) the price of the flat including the proportionate price of the common areas and facilities which should be shown separately, to be paid by the purchaser of flat; and the intervals at which the instalments thereof may be paid;
(iii) the nature, extent and description of the common areas and facilities;
(iv) the nature, extent and description of limited common areas and facilities if any.

Section 4(1A)(a)(iii)(iv).

(1A) The agreement to be prescribed and sub-section (1) shall contain inter alia the particulars as specified in clause (a); and to such agreement there shall be attached the copies of the documents specified in clause (b),

(a) particulars

(iii) the extent of the carpet area of the flat including the area of the balconies which should be shown separately;

(iv) the price of the flat including the proportionate price of the common areas and facilities which should be shown separately, to be paid by the purchaser of flat; and the intervals at which instalments thereof may be paid;

All the members are flat purchasers of the defendant society....
It is true that in my agreement, no where it is mentioned what is super built up area of my flat. The area mentioned in my agreement is built up area of my flat. So far, municipality has not assessed each and every flat separately. The property taxes are paid by the members in respect of the flats occupied by them. The members are not paying any other taxes, save and except for the area of the flat in their respective occupation.
It is true that there is no conveyance executed by the developer in favour of the society till today.

11. The main issues that arise for consideration in this Appeal are,

(a) Whether the plaintiff-company has the four tenements and if the carpet area exceeds 45 sq.mtrs. but less than 70 sq.mtrs., two tenements will have one parking spaced provided by the builder. In case the carpet area exceeds 70 sq.mtrs., each tenement must have one parking space. In the instant case the carpet area of any of the 56 flats / tenements in Panchali building is not less than 35 sq.mtrs. or upto 35 sq.mtrs. The Managing Director of the plaintiff-company Shri Rajesh Himatlal (PW 1) in his depositions before the trial Court admitted that the consideration of Rs.10,29,700/-was for 700 sq.ft. area of the flat as mentioned in the agreement dated 27/5/2002. He further states that the area of 535 sq.ft. referred in clause 3(b) is not carpet area. The area of 35 sq.mtrs. will be approximately 350 sq.ft. and admittedly the members of the defendant -society have paid for a total area of 700 sq.ft. The learned Senior Counsel fairly conceded that between the carpet area and built up area, there would be different of about 15 to 20 per cent i.e. if the carpet area is 350 sq.ft., the built up area may be around 400 sq.ft. and by no stretch of imagination it can be 700 sq.f.t. Thus a totally new case was sought to be made out in this appeal by the plaintiff -company and if such a plea was taken up before the trial Court, obviously the same could have been dealt with on the basis of the evidence. Even otherwise it is far-fetched to state that when the flat purchasers have paid for 700 sq.ft. area, carpet area would be 350 sq.ft. i.e. 50 per cent. The suit has proceeded on the basis that the carpet area of each flat is 535 sq.ft. and the built up area is 700 sq.ft. This new plea of the plaintiff -company, therefore, must fail and it cannot be considered despite the articulations sought to be made in the Written Submissions made before this Court. right to sell the suit parking spaces separately to anyone including the members of the defendant-Society in view of the provisions of the MOFA, the model agreement prescribed by the State Government under the same and the Development Control Regulations, 1991; and