Flat smaller than promised? Your MahaRERA carpet-area shortfall rights

Under the Real Estate (Regulation and Development) Act, 2016, the price of a flat is tied to its carpet area — the net usable floor area — and to nothing else. A promoter declares that carpet area when the project is registered, repeats it in the agreement for sale, and charges a rate per square foot of carpet area. So when the flat handed over is measurably smaller than the carpet area the agreement states, the buyer has not received what was paid for. The established RERA remedy is a refund of the excess consideration, with interest. This guide explains the right, how to establish the shortfall, and how to file the claim at the Maharashtra Real Estate Regulatory Authority — MahaRERA.

This is the enforcement companion to PropWatch's explainer on carpet area versus super built-up area, linked below. That piece covers what carpet area is and how to read it on the RERA portal. This one covers what to do when the delivered area falls short of it.

The price is tied to carpet area — that is the whole point

Section 2(k) of the RERA Act defines carpet area as the net usable floor area of an apartment, excluding external walls, service shafts, the exclusive balcony or verandah, and the exclusive open terrace. Section 4 requires the promoter, at registration, to declare the project particulars including the carpet area of the apartments. The agreement for sale a buyer signs must state that carpet area, and the consideration is computed on it. Two consequences follow that buyers routinely miss.

• A promoter cannot demand extra money for any increase in carpet area beyond what the agreement records, unless the agreement itself provides for that adjustment and the buyer agreed to it.
• If the delivered carpet area is less than the agreement states, the consideration was computed on floor space that does not exist — and the established RERA position is a proportionate refund of that excess, with interest, at the per-square-foot rate fixed in the agreement.

Section 14 of the Act fixes the sanctioned plans and specifications once the agreement is executed; the promoter cannot unilaterally alter what was agreed without consent. The carpet area in the agreement is the figure the promoter is bound to deliver, and a shortfall is a deficiency the buyer can be compensated for.

Establishing the shortfall before you file

A complaint stands on documented measurement, not on a feeling that the flat seems small. Build the record first.

1. Pull the carpet area from the agreement for sale — the figure the price was charged on — and from the MahaRERA project registration on maharera.maharashtra.gov.in. They should match; note them both.
2. Get the as-delivered carpet area measured. Commission a measurement of the net usable floor area against the RERA definition — excluding external walls, service shafts and exclusive balcony or terrace area. A qualified architect, chartered engineer or licensed surveyor produces a report you can put on record.
3. Compute the shortfall in square feet and as a percentage of the agreed carpet area, and check it against any tolerance clause in your agreement.
4. Compute the excess consideration — the shortfall in square feet multiplied by the per-square-foot rate stated in or derived from the agreement.
5. Send a written demand to the promoter for refund of the excess with interest, and keep proof of delivery. The reply, or the silence, becomes part of your complaint record.

Filing the complaint at MahaRERA

An aggrieved allottee files against a registered project under Section 31 of the RERA Act, before MahaRERA, through the online portal. The complaint is made on the prescribed Form A. The filing fee for a complaint in Maharashtra is ₹5,000, paid online. Confirm the current fee and form on the portal before filing — fees and procedure are set by regulation and can change.

1. Create a complainant account on the MahaRERA portal at maharera.maharashtra.gov.in and open the complaint-filing section for a registered project.
2. Complete Form A — project and promoter details, your unit number, the total consideration and amounts paid, and the booking, agreement and possession dates.
3. State the relief sought clearly: refund of the excess consideration attributable to the carpet-area shortfall, with interest, and any compensation claimed.
4. Upload the supporting documents — agreement for sale, payment receipts, the MahaRERA registration extract showing the declared carpet area, and the independent measurement report.
5. Pay the ₹5,000 fee online by NEFT/RTGS as prescribed, and submit.
6. Monitor your dashboard and registered email — MahaRERA issues hearing notices and orders there, and a missed hearing can set the matter back.

The interest on a refund ordered under RERA is set at the prescribed rate — commonly the State Bank of India's highest marginal cost of funds based lending rate (MCLR) plus two percent — and a sum ordered to be refunded is generally payable within the period the order specifies, often around 45 days. The exact rate and period are fixed by the order and the applicable rules.

After the order — and the checklist

Winning the order is not the same as recovering the money. If the promoter does not pay within the period the order sets, MahaRERA's enforcement and recovery machinery — including recovery as arrears of land revenue through the District Collector — is the next step. PropWatch's guide to MahaRERA's 2025 recovery SOP, linked below, sets out that path. Verify the project's live status and order history while you are on the portal; the Mumbai verification guide covers how.

• Confirm the carpet area in the agreement matches the MahaRERA registration — a mismatch is itself a documented red flag.
• Measure the delivered carpet area to the Section 2(k) definition through a qualified professional and keep the report.
• Check your agreement for an accepted tolerance band before quantifying the recoverable excess.
• Issue a written refund demand to the promoter and retain proof of delivery and any reply.
• File on Form A under Section 31 through maharera.maharashtra.gov.in with the ₹5,000 fee, stating refund-with-interest as the relief.
• Track the order's compliance deadline and move to recovery without delay if the promoter does not pay.

SourceRERA Act, 2016 — full text, including Section 2(k) (carpet area), Section 4 (registration declaration) and Section 14 (adherence to sanctioned plans)

SourceMahaRERA — complaint filing under a registered project (Section 31, Form A)

SourceMahaRERA — official portal

SourcePropWatch — Carpet area vs super built-up area: what you are actually buying

SourcePropWatch — How to verify a Mumbai project on MahaRERA before you buy

SourcePropWatch — MahaRERA's 2025 enforcement SOP: how to recover money after winning a RERA order

SourcePropWatch — Mumbai real estate legal & MahaRERA report