Builder is liable for carpet area shortfall

The builder had also benefited from the FSI that had become available. The National Commission concluded it would be unfair to burden the Kales with extra premium

Purushottam Gopalrao Kale, a doctor, and his two sons, Vijay and Satishchandra Purushottam Kale, also doctors, had separate flats in Andheri Nav Bahar Society at Vile Parle. The Society’s redevelopment was entrusted to Hetali Enterprises, Builders & Developers. The agreement provided for the allotment of 28 per cent extra carpet area in the redeveloped project. Later, a tripartite agreement was executed which allowed individual flat owners to purchase additional area at specified rates.

When the flats were measured jointly by the Society and the builder’s architects, the area was found to be less than promised. The Kales dem­anded compensation for the