CHANDIGARH: The Haryana Real Estate Appellate Tribunal (HREAT) has instructed a real estate company and the Haryana Department of Town and Country Planning (DTCP) to present the approved and advertised plans concerning a flat in a 34-acre luxury residential project located in Panchkula.
This order was issued following a complaint from a homebuyer regarding the carpet area of the apartment and the pricing basis. In its ruling dated July 2, the tribunal also requested the occupation certificate corresponding to the approved plans, mandating that the records be submitted in a sealed envelope.
The dispute involves DLF Homes Developers’ Valley Gardens project, where applicant Ranjit Malhotra asserts that the developer included areas outside the apartment’s net usable floor area (defined as carpet area under the Real Estate (Regulation and Development) Act) in the sale price. According to the law, carpet area excludes external walls, service shafts, balconies, and open terraces.
DLF has denied these claims, maintaining that the charges applied were consistent with the buyer agreement.
Malhotra has appealed an April 23, 2024, decision from Panchkula HRERA, which ordered DLF to comply with the buyer agreement and stated that matters regarding possession could be resolved once possession is offered.
Prior to HREAT, Malhotra argued that HRERA overlooked several concerns he raised in his complaint and indicated that the contractual obligations between the parties had not yet reached a resolution.
During the recent hearing, Malhotra expressed that the DWG AutoCAD drawings he received were insufficient to verify the apartment’s dimensions. Noting his “concerns regarding the supplied DWG AutoCAD Drawings,” the tribunal inquired whether the approved drawings, project advertisement drawings, and the occupation certificate based on the approved plans—designating any approved amendments—could be provided.
The counsels representing DLF and the DTCP assured the tribunal that the necessary documents and drawings would be submitted in a sealed cover by the next hearing date. The matter has been scheduled for August 27. The tribunal mentioned that this directive was issued in accordance with its powers under Section 44(6) of the Real Estate (Regulation and Development) Act.
