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Similarly open parking and parking under stilt are part of common areas and are not sellable separately independently or along with flat. Open parking do not cease to be a part of common areas and facilities merely because DLF had not described the same as such in advertisement and agreement with flat purchaser.

Promoter had no right to sell any portion of Belaire GH Complex which was not a flat or apartment. Hon'ble Supreme Court observed that rights arising from relevant laws cannot be diluted by any contract or undertaking to the contrary. Accordingly, the relevant clauses of the agreement need modification and suggested modifications are given in clause 1.1 of the table given below.

16. In the order, the Commission observed that DLF enjoyed unilateral right to increase or decrease super area at sole discretion without consulting allottees who, nevertheless, were bound to pay additional amount or accept the reduction in area. When the construction of a multi storey building is envisaged, the plans are drawn on drawing board. Most of the group Housing Complexes are sold on the basis of the plans drawn on drawing board. Super area and the actual apartment area are two different concepts. The apartment area is the area which is exclusively enjoyed by the apartment owner. It includes carpet area plus area under the walls of the apartment, while super area is the sum of apartment area and common areas which the allottee enjoys along with other apartment owners. This area is inclusive of lift area, staircase area and other entrance areas, etc. Most of the times, the actual building and the drawing board plans match with each other and the building is constructed in accordance with the construction plan as approved by authorities in advance. However, there may be instances where at the time of actual construction, certain minor changes are required to be made in some of the drawing board plans and the building is constructed slightly different from the drawing board plan but it, more or less, conforms to the drawing board plan. In such a case, there may be either minor (say + 2%) increase or decrease in the super area as well as the carpet area of each apartment. However, the company if substantially changes the lay-out plan resulting, in more than 2% increase or decrease in super area, the allottees' consent should be obtained for such changes in the lay-out plans. Since the price paid by the allottee is per sq. ft. of super area, the price of the apartment would increase or decrease after the actual building is constructed. In order to lay a claim on the basis of increase in super area, the company is supposed to give information to the allottee about the difference in the initial building plan and the actually- constructed building plan on the basis of which the new super area is calculated. The actual plan should be the one submitted to the authorities for completion certificate and on the basis of which occupancy certificate is granted. The calculations of increased area should be sent to the allottee, so that the allottee knows and can verify on ground as to how his super area has increased. A mere letter from the company that the super area has increased is not sufficient to claim any amount from the allottee. Thus, whenever a claim on the basis of increase in super area is made, the company is bound to give the relevant information as to how the super area stands increased. The clauses in this respect therefore need to be modified. Accordingly modified clause 1.6 is given in the table. Clause 9.2 also gets covered by modified clause 1.6.

17. In the order, the Commission had found that the proportion of land on which apartment is situated and over which the allottee would have ownership right was to be decided unilaterally at the discretion of the company(DLF Ltd.). In clause 1.7 of the existing agreement, company has stated that it may, at its own discretion for the purpose of complying with the Haryana Apartments Ownership Act, 1983 or other applicable Laws, substitute the method of calculating the proportionate share in the ownership of the land beneath the building/common areas or facilities. The company in so many words stated that the allottee will only have proportionate ownership rights in the land underneath the building i.e. the land which is the footprint of the building in which the said apartment is situated. Similarly, company has unlawfully provided for itself right to further go up in air by increasing the number of floors and reserving to itself terrace rights. This is totally contrary to the law and imposition of this condition on the allottee by DLF is because of its dominance and amounts to gross abuse. All relevant clauses depriving allottee of his lawful rights need to be modified to bring them in conformity with Law, Rules and Regulations so as to remove the abuse vis-a-vis the allottee. Modified clauses are given in the table below.

Part B of annexure IV reads as under:-

List of general common areas and facilities located in the basement for all apartment allottees in the Belaire included in computation of super area of the said apartment:-

        Sl.no. Particulars                                Remarks
        1.      DG Room/DG sets
        2.      Underground domestic and fire water
                                                          May be located under any
                tanks and pump room and pumps with
                                                          building or any other
                accessories
                                                          suitable location in the
        3.      Electric sub-                             Belaire/zone-8, DLF City,
                station/transformers/electrical panels    Phase V
        4.      Fan rooms
        5.      Laundromat
        6.      Maintenance stores and circulation
                areas
        7.      Sewerage treatment plant
        8.      Air-conditioning plant room and
                equipments



       In view of above discussion, clause 1.7 & 1.8         clearly abusive and need
modification as given in the table below.