Hello Friends,

I have purchased a 2BHK flat while it is under construction with salable area of 1278Sq.ft and carpet area 896Sq.ft. The builders arranged a site visit only after registration. I noticed the rooms are smaller than I expected and therefore managed to dimensions of the all rooms, balconies, decks etc. Per my calculation, the actual carpet area is only 820Sq.ft against 896Sq.ft promised.

Definition of carpet area per my agreement of sale is as as follows
"Carpet area shall mean the carpet area of the apartment including all passages, decks, balconies, service slabs, cupboards, niches, elevation treatment and /or any other area which the purchaser is exclusively entitled to use. Such carpet area is calculated on bare shell basis, prior to application of any finishes / finishing material and is subject to tolerance of +/-2% on account of structural, design and construction variances."

I have attached a plan drawing from brochure, and carpet area calculation spread sheet I made for myself as per the above definition for your reference. Interestingly the plant drawing accounts to only 873Sq.ft whereas the promised is 896Sq.ft.

I have requested to provide a third party certificate on this carpet area which they have been submitting so far on every milestone they reached along with the respective payment demand letter. Only after more than two month's wait and lot of followup, I received an email stating that this is in accordance with the agreement. The builder's customer care system is worst and they don't reply to emails in time and many times not at all.

Please advice me the best approach to handle this situation. Should I proceed legally on this? If so, what is the starting point and path forward?

Thank you

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