PANKAJ GARG Vs. DLF HOMES PANCHKULA PVT. LTD.

JUDGEMENT

(1.) These appeals are directed against the order of the State Commission whereby the consumer complaints filed by the Appellants were disposed of with directions to the Respondent to deliver possession execute the sale deed in favour of the Complainants/ Appellants and pay compensation in terms of the said order to them. While deciding the complaint the State Commission rejected the challenge by the Complainants to the additional demand raised by the Respondent on account of increase in the saleable area of the flats which the Complainants had booked with the Respondents.

(2.) The Ld.Counsel for the Appellants/ Complainants states on instructions that in these appeals they are restricting their grievance to the alleged increase in the saleable area of the apartment. His submission is that the additional demand on account of the alleged increase in the saleable area of the apartment was made by the developer without providing requisite certificates evidencing the alleged increased in the saleable area of the apartment. The Ld. Counsel for the Respondent submits that as per the agreements executed between the parties the saleable area of the independent floor for the purpose of the calculating the sale price of the independent floor subject matter of the agreement is the sum of the specific area of the said independent floor and its pro-rata interest in the common areas in the said building/ plot. The relevant clause in the agreement reads as under:

(3.) The Ld. Counsel for the developer also submits that the saleable area of each independent floor was got independently verified by the respondent from School of Planning and Architecture, New Delhi and the final saleable area so determined by the School of Planning and Architecture is absolutely inconformity with the final super area of the independent floor conveyed by them to the allottees. It is also pointed out by the Ld. Counsel for the respondent that though the Complainants expressed grievance in respect to the increasing in the saleable area in most of the Consumer Complaints filed by them, in some of the matters no prayer in respect of the saleable area was made by them. It is pointed out by the Ld.Counsel for the Appellants that the directions for withdrawal of the additional demand which included the demand on account of the alleged increase in the saleable area was sought by the concerned Complainants in most of these matters.