Builders Can Not Sell Flat's Parking Space Separately..!

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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