common areas'
since he is entitled to charge price for the common areas and facilities
from each flat purchaser in proportion to the carpet ... carpet area of the flat from each flat purchaser. Such stilt parking space being neither
'flat' under Section
Road, Vile Parle (East), Mumbai-400 057. As per agreement, area of the flat is 625
sq.ft. carpet area and amount of consideration ... flat was allotted to the complainant;
(b) or to pay adequate compensation to enable the complainant to purchase a
new flat of the same area
agreements
between the parties are as follows:-
Date
of Agreement
Flat
No.
Area
Price
Time
Period
Date
of taking posse-ssion ... respective purchasers in proportion to the
super built up area
of the flat/shops
excluding the area covered by the road, access through the
said
agreement dated 03/10/1998. One 500
sq.ft. built-up area flat and one 120 sq.ft. shop were agreed to be given
Opponent Nos.1 and 2 about
incompleteness of the flat or shortfall of the flat area after taking
possession on 11.05.2003. The Opponents
pleaded that ... between the Vendor of the Flat and the purchasers of the flat. It is not a transaction between flat
purchaser on the one hand
flat. The complainants submitted that the actual
built up area of the flat No.101 is only 777 sq. ft. and as per the agreement ... denied.
Opposite party No.1 submitted that the
actual area of the flat with common area is only 777 sq. ft. as such total sale
bedroom flats, but the Complainant requested the OP
to provide 2 bedroom premium flats.
Hence it was decided to provide 3 2BHK premium flats ... super built up area each (equivalent to 600 Sq Ft carpet area) and 3
garages (1 garage per flat) to the Complainant and the Complainant
contentions. Admittedly, the Complainants had booked a
flat bearing No.2001 admeasuring 1249 sq. ft. in area in 'A'
Wing on the 20th ... amount to be paid
for the parking area, area of the flat and the booking amount. On behalf of the Opponents, one of the
Directors
Road,
Gurgaon. The price for three bed room flat measuring
1875 sq. ft of super area was told Rs.30 lacs and the applicants were ... regarding depositing of any further amount was
given. The super area of the flat L-902 booked by the
complainant
matrix of the case, that the complainants were allotted a flat with
super area of 3000 square feet, in the
aforesaid project, at a basic ... flat, and they
were allotted flat No. C5-PH, on 3rd floor in Block No.C-5, having
super area of 3000 sq.ft. approximately
