MUMBAI: A builder has been ordered to pay a Khar-based man Rs 5.25 lakh compensation for not providing parking space with a flat purchased in 2007.The forum observed that irrespective of an agreement between the builder and the flat buyer, it was mandatory for the builder to provide parking space. "A building's parking space is part of the common area. Hence, a developer can neither sell it nor dispose it off in any other manner ," the forum said while holding Pediyar Associates guilty of deficiency in service.
According the complaint filed by Kanyo Merani, he had purchased the 963 sq ft flat from Pediyar Associates for Rs 52 lakh. The agreement said that Merani would be given stilt parking along with the flat. When he received possession of the flat, Merani was not given the parking space. The builder then agreed to give him a car parking space in another wing of the society, where Merani began to park his vehicle. However, the space was then sold to another flat owner in the building who occupied it in January 2010. Merani got no relief from the society or the builder following which he filed a complaint in the Mumbai Suburban District Consumer Disputes Redressal Forum on August 16, 2010. He sought re-allotment of the parking space.
In its reply, the construction firm denied that the agreement mentioned a parking space to Merani. They also alleged that the parking space clause was added later in the agreement by Merani.
The forum took into consideration the documents and the police complaint registered by Merani after he was asked to vacate the parking space in 2010. The forum said that this showed that according to the agreement he was allotted the space. However, he was forcibly made to vacate that space after the builder and the other flat owner joined hands, the forum added.
The forum said that Merani should have been provided with the space. The forum further pointed out that the builder had to provide enough parking spaces while taking into consideration the number of flats in the building. It, however , agreed that the current holder of the parking space could not be directed to vacate the space as he too has a right over it as a flat owner. The forum held that the builder should compensate Merani.
The Judgement is in Marathi.. http://220.127.116.11/ncdrcrep/judgement/21482131007154734581479-%202010.htm
Three things are absolutely clear from this judgement..one, that parking is a part of the common area. Second, it should not be charged and lastly that it is mandatory for the builder to provide one parking space per dwelling unit. Earlier we did not know and maybe paid what the builder demanded but now what is stopping us to protect our interest and rights.. Let no one fool us.. lets be aware and get together on one platform to defeat the malafide intent of the unscrupulous developer whose only aim seems to be to gain at our expense.. lets unite and get our money back.. Takecare!!