Carpet Area Means Net Usable Space, Cannot Be Diluted By Engineering Tolerance: WBREAT

The West Bengal Real Estate Appellate Tribunal (WBREAT) has held that “carpet area” must strictly conform to the statutory definition of net usable floor area. It ruled that promoters cannot rely on tolerance clauses, plaster thickness, or engineering explanations to justify a shortfall in the promised area. A coram of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee observed that “the intention of law maker was to protect the interest of consumers in real...

WBREAT Upholds Interim Ban On Forum Projects From Selling or Transferring Kolkata 'Atmosphere' Project

The West Bengal Real Estate Appellate Tribunal has upheld an interim order against real estate developer Forum Projects Private Limited. The order restrains the company from selling, transferring, or otherwise dealing with any part of its luxury residential project “Atmosphere” on Kolkata's EM Bypass. A bench of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee dismissed the developer's appeal. It held that “the interim directions passed by the learned...