SC Judgement: Builders can't sell open and stilt parking spaces

[ddamitav]

rps on record said that they charged rs 75000 for open car parking!!! I have the mail communication with rps in this regard

[brandoo]

Builder logic is FALSE. Only exception is basement parking where builders are allowed to sell since builders do construction for that.

Then in this case we should get two parking space for our flat. One is compulsory according to apartment ownership act and one we have paid for. In case of basement parking, builder can charge and also allocate space but mandatory stilt parking or open parking can't be allotted.

I have another query: Looking at the no. of floors and units on each floor, how will builder fulfill obligation to provide mandatory parking slot (shelter to buyers) because in case of 12 floor high tower with 6-8 unit at every floor, builder must create 72-96 parking slots in stilt area.

In my view, we all can and should approach consumer forum with the BBA clause, proof of payment for parking and no mention of mandatory parking space in BBA. We will have one additional parking slot. Correct me if I am wrong

[yadav_ajay]

Very good RTI reply shared by Dheeraj.

We all can use the same, and can ask our respective builders why are they charging parking from us.

As Dheeraj raised the right question,"what is preventing DTCP from taking action against builders who are selling parking"

This is really one of the big question. Why DGTCP keeping mum on many issues when they know something wrong is going on.

One of the similar issue is double charges from Plot and Floor members in the name of STP and ESS.
For which BPTP is demanding more than Rs 2.5Lacs from a unit holder and wrong calculation of Area effeciency.
Which cost more than 5 lacs to a normal customer and sudden demand of 15 lacs.

DGTCP knows the same, and even we have RTI reply from DGTCP /HUDA officewhich states that it is illegal, but knowing that BPTP is charging illegal demands from customer, no action against the BPTP or other builders.

God Bless DGTCP and its working style.

[Adi555]

Can anyone share the SC judgement please

[mdtuli]

Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd. on ...
indiankanoon.org/doc/1405290/‎
Aug 31, 2010 - Nahalchand Laloochand Pvt. Ltd. ...Appellant Versus. Panchali Co-operative Housing Society Ltd. ...Respondent WITH. CIVIL APPEAL NO.