PRAVEEN SHARMA vs Sneh Deep

DR . Praveen Sharma, the Complainant booked an apartment with the Opposite Parties, having Super Area of 1740 sq. feet. The said flat was delivered to him on 03.06.2011. The grievance of the complainant is that she was given the area measuring 1485 sq. ft. only. The complainant further alleges that the Club Membership Fee was taken on pick and choose basis. She filed a complaint with the District Forum with the following prayers: - "i) To provide complete area measuring 1740 sq. feet as per agreement/allotment letter entered into between opposite parties and complainant or to return the amount proportionate to 255 sq. feet i.e. Rs.1500/ - per sq. feet which comes to Rs.3,82,500/ - alongwith interest @24% from 15.1.2007 till date of payment of the same to complainant, plus Rs.10/ - Lacs for mental harassment, agony and social stigma suffered by complainant.

ii) To refund Rs.25,000/ - club membership paid by complainant alongwith interest 24% p.a. from 15.1.2007 and Rs.2 Lacs as compensation due to sub standard construction/materials and other club related services alongwith substandard GYM and swimming pool. Any other relief to which Hon''ble Court/Forum may deem fit may be ordered in favour of the complainant in the interest of justice".

THE District Forum and thereafter the State Commission in Appeal did not grant the complainant, any relief.

WE have heard the counsel for the parties. Counsel for the Complainant submits that Super Area means the area which is in her possession. However, she was given possession of 1485 sq. feet only. She has also adduced the report of his Architect, in evidence, which goes to support her case. Learned counsel for the complainant further contended that Super area cannot be equated with Carpet area. All these arguments lack conviction. The Super area will definitely include the area consisting of lobby, lift, stairs, corridors, ramps and all the similar provisions as have been mentioned in the Punjab Apartment Ownership Act 1995. The above said Act defines apartment and common area and facilities. Clause (j) mentions about the common facilities, which runs as under: -

"(j) "common areas and facilities", in relation to a building, means all parts of the building or the land on which it is located and all easements, rights and appurtenances belonging to the land or the building, which are, neither in the exclusive possession of an apartment owner in terms of this conveyance deed of apartment, nor are handed over or intended to be handed over to the local authority or other public service agency and shall include the limited common areas and facilities;"

THE agreement entered into between the parties also mentions about the common area and the Punjab Apartment Ownership Act, 1995. No other agreement was raised about the Club Membership Fee etc. It appears that the same was charged in accordance with the agreement.

THE Revision Petition is meritless, therefore, the same is dismissed.