Haryana Real Estate Appellate Tribunal have allowed appointment of an expert qualified architect/engineer to take measurements of a flat of DLF Homes Developers in respect of the Valley Gardens Panchkula project of DLF where the carpet area and costs were disputed by the allottee.
Valley Gardens was advertised as a state of art exclusive residential enclave in a 209 acres development of DLF Valley Gardens Project in Panchkula in August 2022 for over 600 independent flats. The DLF flats project to be completed by October 2026 is housed in land measuring 34 acres with plots of different sizes and four flats on every plot with stilt parking and other amenities.
In 2023, Ranjit Malhotra, an applicant for a four bedroom flat petitioned the Haryana Real Estate Regulatory Authority (RERA) Panchkula disputing the exact carpet area and the inflated rates levied on him. He averred that despite payment of a 75% of the full cost, DLF had now included super areas, balcony, storeroom, terrace and servant room to inflate costs. He contended that only net usable carpet area of the apartment was the payable cost as per the provisions of Real Estate Regulation and Development Act, 2016. Common areas cannot be included in the total cost.
It was pleaded that only the actual 2022 launch price for the actual liveable area, inclusive of super areas only, ought to be charged. Hidden costs of other built facilities, not included in the net usable carpet area, ought not to be levied. However, DLF under different heads was adding common areas of the four storey flats in the usable net carpet area at inflated rates.
In April 2024, RERA directed DLF to abide by term and conditions of 2022 Builder Buyer Agreement. RERA held that violations with regard to delivery of possession as per the contract can be dealt with at the time of delivery of possession. DLF contended that it will not go beyond terms and conditions of the agreement and will deliver timely possession. Future violations or grievances will warrant fresh complaints before the Authority. Allottee had moved an application for appointment of an independent expert to visit his flat to measure net usable carpet area, besides super, common, balcony, basement & parking areas for confirmation of the cost of the apartment.
In an Order passed by the Tribunal on 2 July noting the apprehensions regarding appropriate drawings not being supplied, DLF and Town Country Planning Department was asked to furnish the necessary documents and drawings before the Tribunal in a sealed cover. On 3 September 2026, the Tribunal took on record the drawings produced in sealed cover and also permitted appointment of an expert architect/engineer to take on the spot actual physical measurements of the areas of the flat specified in the Buyer Builder Agreement of 2022 between the parties.
Tribunal on due consideration found substance in application for appointment of the expert who would be chosen by Tribunal from names given by parties or choice of Tribunal. Experts would embark upon the exercise of measurement of all the areas in the documents after examining the same and submit a report to the Tribunal. The allottee has also been permitted to visit his flat and DLF would contact the allottee within three weeks to make arrangements for his visit."
Image- haryanarera.gov.in
