rate of Rs 5 per
square foot of the super area for every month of delay. The NCDRC held that the
flat purchasers who agreed ... delayed compensation calculated @ Rs 5/-
per sq. ft. of the super area.”
The NCDRC observed that the developer had while computing the final demand
made
further stated, that appellants suo moto increased the so called super area of the unit and were trying to take shelter under the provisions ... compensation @Rs.5/- per Sq. Ft. per month of the super area, for delay till possession was given.
5. The acts of the appellants
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 ... 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
Rupees Five only), per month of the super area, for the period of such delay, till the possession was given, but they failed ... respondent, that there was a change/increase in the super area of the allotted unit, from 1550 square feet to 1908 square feet
which was recovered from the allottees on
account of alleged additional super area. The promoter has also been
directed to pay interest on the delayed ... reference to the super
area. In fact, the phrases "carpet area" and "super area" have been defined
in 2013 Act which
subject to change. The super area, apartment area and percentage (%) of the apartment area to the super area is tentative and liable to change ... super area. The definition of super area, apartment area and the percentage of the apartment area to the super area as on the date
Rupees Five only), per month of the super area, for the period of such delay, till the possession was given, but they failed ... respondent, that there was a change/increase in the super area of the allotted unit, from 1550 square feet to 1908 square feet
covered
CS(OS) 119/1980 Page 3 of 45
area or carpet area or super area. The plaintiffs have also claimed mesne
profit ... whole and not separately on the basis of
carpet area, covered area or super area. It is further pointed out that no
such question
ratio of
the project in question was 150% and projected saleable super area was
4,31,470.9 square feet as stipulated in Annexure 9 thereof ... super
area in addition to the earlier saleable area. Landowner became owner of
additional area of 26,247.81 square feet. His total area, therefore, came
Super Area" as "the covered area of the said premises inclusive of the area under the periphery walls, area under columns and walls ... area means, the internal area of the apartment, together with the proportionate shares in the common areas in the said project. Although, the internal area
