TATA Housing fined by Consumer Forum for selling Car Parking

[webmaster]

Can’t charge flat buyer extra for parking slot
TNN Sep 11, 2013, 06.51AM IST

MUMBAI: Emphasising that a flat buyer cannot be charged extra for a car parking space, a consumer forum has fined a developer that committed this "unfair trade practice".

The Central Mumbai District Consumer Disputes Redressal Forum last week directed Tata Housing Development Company to refund Rs 50,000 to Ghatkopar-based Suresh Mehta and pay him compensation of around Rs 20,000.

"Car parking area is the common area of the society. Therefore, the opponent (the developer) had no right to charge any amount for the sale or use of the parking space," observed the forum. It took into consideration a Supreme Court judgment which held that a developer can only sell a flat and has no right to sell a parking space.

In his complaint, filed with the consumer forum last year, Mehta had said that he purchased on June 30, 2010, an apartment and car parking space at Betegaon, Palghar, for Rs 17.4 lakh. He maintained that Rs 50,000 was taken from him for car parking and another Rs 50,000 as clubhouse development charges.

Mehta said he came across a judgment in August 2010 that held that a builder or developer cannot sell stilt or open parking as the space is part of society common area. The verdict also held that, once the occupation certificate is issued and the society formed, the developer ceases to have any title on the open space.

Through a letter dated December 23, 2010, Mehta demanded a refund from the developer. He was told in response that the car parking was not sold; the developer said he was issued a right to use the space. Aggrieved, Mehta filed a complaint with the forum. The developer repeated its stand in the forum.

The forum said the agreement showed that the total amount paid by Mehta included charges for the parking space. "The documents on record corroborate the contention of the complainant that the flat's price was Rs 16.44 lakh and that he was required to pay Rs 50,000 for car parking space." The forum held that this amounted to an unfair trade practice.

http://articles.timesofindia.indiatimes ... rking-slot

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[dp2013]

Hi Jayanta,

Does that mean we can go back to the developer and request them to waive off the car parking charges they have requested in the final demand ?

Thanks

[naveenarichwal]

You need not Request, it is your Right, DEMAND IT,

[harvinder1980]

Do we have any written documentation(available online) from SC or DGTCP or HUDA wherein it is stated that Car parking can not be charged by builder ?? A similar document that we now have for Stay on enhanced EDC issued by DGTCP.

These corrupt builders would definitely not entertain our verbal statements on this issue.

Thanks
Harvinder

[naveenarichwal]

Supreme court Judgement regarding the same can be easily downloaded from internet. The SC Judgement is more than enough for this purpose.

[dp2013]

Hi,

I have marked them an email. lets see what would be their reply.

[ddamitav]

Who is going to implement those orders !! Already builders on record charging for open car parking. the order itself is ambiguous.

[ddamitav]

I heard recently there was a order wher registree can not be done unless building gets the CC but now builders got a stay from court on that.

[dp2013]

I saw this on the internet.

[naveenarichwal]

I heard recently there was a order wher registree can not be done unless building gets the CC but now builders got a stay from court on that.

Pls Give details of the Stay order obtained by builders , as to which Court granted that and what are the wordings.
Pls support your statement.
The Information that is available is contrary to what you are saying.

[naveenarichwal]

The information that we have regarding CC and registries is enclosed in The following Judgement.
PFA.

Also the question of OC & Registry has been dealt in Detail by Umesh prabhakar ji at this forum

What is Happening at campa Cola society? How can you ignore these.

[webmaster]

No builder will refund the parking charges through email or verbal request.

If you want your money back, go to court.

[naveenarichwal]

For any Dispute asking the builder to solve appears to be a Futile effort, only COURTS seem to be the Place left