Consumer Forum
Significant Order..!
** Rs. 5 lakh
as compensation for not
handing over a parking space along with the
flat..!
** For a
4 wheeler the minimum size of a
parking space
should be 2.5 metre by 5.5 meter..!
In a significant order, a District consumer forum has ruled that a parking space that comes with a flat can not be
sold by the builder / promoter to a party that has not purchased the flat.
The forum on April 4, 2014
directed Royal Palms (India) Pvt Ltd to pay a Juhu-based couple Rs. 5 lakh as
compensation for not handing over a parking space along with the flat the
couple had purchased in a Goregaon complex in 2006.
"Handing over possession
of the parking space along with the flat is binding on the developer,"
said the Mumbai Suburban District Consumer Disputes Redressal Forum.
In the judgment, the forum
pointed out to Section 36 of the Development Control Regulations (DCR), which
states that for a four wheeler the
minimum size of a parking space should be 2.5 metre by 5.5 meter. The
regulations also have a chart that specifies the parking spaces to be allotted
to flats according to their size and number. "This proves that a parking
space was a part of the flat and not a separate subject from the flat,"
the forum said. The forum added that just by handing over possession of the
flat a developer cannot say an agreement has been completed.
It added that the parking
space reserved for flat owners also can't be sold by the builder to anyone
else. "A developer cannot sell anything other than unsold flats in a
building," the forum observed.
According to the couple, Ms.
Anita Gupta and Mr. Anand Gupta, they had purchased a 1,473 square feet flat in
the developer's project at Aarey Milk Colony in 2006.
The Guptas paid Rs. 57.07
lakh on May 30, 2006 for the flat, which was situated on the 6th floor of the
building.
The developer was to hand
over possession of the flat before March 31, 2007. After the agreement was signed,
the Guptas paid the full amount to the developer.
On July 5, 2007, the
developer asked the family to take possession of the flat to complete the
furnishings & other minor work, which the Guptas did.
In the complaint filed before
the Mumbai Suburban District Consumer Disputes Redressal Forum on
November 21, 2008, the Mr and Mrs. Guptas alleged that the developer did not
hand over a stilt parking space along with the flat. They also alleged that all
the parking spots were sold to others. They added that they had paid about Rs.
2 lakh for the space along with the flat amount, which the builder had
accepted.
Filed Complaint..!
The developer contested the
charges & alleged that the Mr. and Ms. Guptas had filed a false complaint
as they still had to pay some dues.
The forum, however, observed
that the amount due had no relation to the stilt parking. The forum observed
that, in the reply to the complaint, the builder did not mention whether it had
handed over the parking space to the Mr. and Ms. Guptas.
The forum further pointed out
that the builder had only evasively stated that it had not violated & terms
and conditions of the agreement.
The forum said it was obvious
that the Mr. and Ms. Guptas were not given the parking space. The forum held
the developer guilty of deficiency in service.
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