Introduction: What Happened in the Case?
A recent Punjab RERA case has become an important reminder for apartment buyers who sign builder-buyer agreements without fully understanding the difference between carpet area and super area.
The case was filed by homebuyers Megha Chowdhri and Varun Kumar Sharma, who had booked a penthouse in Omaxe’s “The Lake” project in New Chandigarh. The buyers claimed that the builder delayed the handover of possession and also charged them on the basis of super area instead of carpet area.
According to the case details, the apartment had a super area of 2,570 sq. ft. and a carpet area of 1,498 sq. ft. The buyers argued that they were wrongly charged on the larger super area and sought a refund of around ₹75.84 lakh. They also claimed interest for delayed possession, as possession was due by July 31, 2023.
Punjab RERA partly accepted the buyers’ complaint. It granted relief for the delayed possession, but rejected the refund claim relating to the super area charges.
What Punjab RERA Found
Punjab RERA examined the Builder- Buyer agreement (BBA) signed between the parties. The Authority found that the agreement had already mentioned the pricing structure, the area details and the total sale consideration.
The total sale consideration was recorded as ₹1,85,26,170 excluding GST, and the apartment buyer agreement was executed on January 4, 2023. The builder argued that the concept of super area and the corresponding pricing had already been disclosed in the agreement signed by the buyers.
This is the uncomfortable but practical lesson from the case: if the buyer signs an agreement where the pricing basis is clearly stated, it becomes difficult to challenge that pricing later unless the clause itself violates the law or the prescribed RERA format.
RERA’s Judgment and Explanation
Punjab RERA rejected the buyers’ claim for refund of the alleged super area charges. The Authority held that all agreed terms between the buyer and builder are binding unless they are contrary to law or the prescribed agreement format.
The Judges referred to the two important legal principles: Caveat Emptor and Pacta Sunt Servanda.
Caveat Emptor means “buyer beware,” which places responsibility on the buyer to carefully read and understand the agreement before signing.
Pacta Sunt Servanda means that valid agreements must be honoured by the parties who signed them.
At the same time, Punjab RERA made one important clarification: a builder cannot 1unilaterally charge homebuyers for an increase in carpet area or super area unless such charges are expressly agreed in the buyer agreement.
The Verdict
⚖️First, the buyers did not get refund of the super area-based amount because the area, price and sale consideration had already been mentioned in the agreement. They could not later seek refund of the same agreed charges, unless those terms were shown to be illegal or contrary to RERA.
⚖️Second, the builder was still held liable for delayed possession. Since possession was due by July 31, 2023, the delay claim was partly honoured, and the builder was directed to compensate the buyers for the possession delay.
In simple terms, Punjab RERA said:
You cannot ask for refund of a charge you contractually agreed to, but the builder cannot escape liability for delayed possession.
Carpet Area vs Super Area: What Buyers Must Understand
➡️Carpet area is the actual usable space inside the apartment, including rooms, kitchen, bathrooms, internal passages and internal partition walls. Under RERA, it excludes external walls, service shafts, exclusive balcony/verandah and open terrace areas.
➡️Super area or super built-up area is a larger figure that usually includes the carpet area plus a proportionate share of common spaces such as lift lobby, staircase, corridors, clubhouse and amenities. This is why super area is always higher than carpet area.
For buyers, the key point is simple: carpet area tells you the real usable space, while super area includes shared/common portions also.
What Is the Actual Rule?
Under RERA, the key legally recognised area is carpet area. Builders must clearly disclose the carpet area of the apartment. The purpose of RERA was to remove confusion caused by vague terms like super area, saleable area and built-up area.
A builder should not mislead buyers by highlighting only the super area while hiding the carpet area.
However, the Punjab RERA case shows a practical point: if the agreement clearly mentions the super area, rate, carpet area and total sale consideration, and the buyer signs it, the buyer may not automatically get refund later just because the pricing was based on super area.
So the rule is not simply “super area is always illegal.” The better understanding is this:
✅ Builders cannot secretly or unilaterally impose super area charges later.
✅ Builders cannot change area-based charges without contractual backing.
✅ Builders must disclose carpet area clearly.
✅ Buyers must carefully check whether the price is being calculated on carpet area, super area or another basis.
If the pricing basis is clearly written and accepted in the agreement, it may become binding unless it violates RERA or the prescribed agreement format.
Buyer Beware: Do Not Sign First and Question Later
This case is a strong warning for homebuyers.
Many buyers check the location, amenities, elevation, sample flat and payment plan, but they do not read the builder-buyer agreement line by line. That is where the risk begins.
Before signing, buyers should clearly check 🔍:
- Whether the price is calculated on carpet area or super area.
- Whether the carpet area and super area are both mentioned.
- Whether the loading factor is clear.
- Whether balcony, terrace, parking, clubhouse, maintenance and other charges are separately mentioned.
- Whether the possession date is clearly written.
- Whether delay compensation is mentioned.
- Whether the agreement matches the RERA registration details.
- Whether the builder can revise area or cost later.
Once the agreement is signed, the buyer’s ability to challenge agreed pricing terms becomes much weaker. Real estate disputes are often not lost because the buyer had no rights, but because the buyer signed without understanding what the agreement actually said.
Review the Agreement Before You Sign
The Punjab RERA case makes one thing clear: brochures, sales promises and WhatsApp messages will not matter as much as the signed agreement.
Before paying a major amount, buyers should check the RERA details, carpet area, super area, payment schedule, possession date, delay clause, parking charges, maintenance charges and area variation terms.
Verified.RealEstate can help buyers review builder-buyer agreements with professional lawyers, verify project documents and identify hidden clauses before they commit. In real estate, one unchecked clause can change the entire cost of the property.
- Unilaterally means doing something by one party alone, without the other party’s consent or agreement.
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