Supreme Court decides in favor of developers for Charging Extension Fee and Maintenance Costs

[dheerajjain]

In a disappointing judgement, Supreme Court has overturned Haryana High Court Judgement and has ruled in favor of developers for Charging Extension Fee and Maintenance Costs. I have confirmed news that DTP is using it as a tool to defend themselves for doing no action in its report to DC, Faridabad.

Imporant Points

1. This judgement in no way enables developers to sell common green area to schools, shops, health care centers etc. High Court/Supreme Court judgment in this context is clear that common green area belongs to flat owners and under no circumstances be sold to third party.

2. This judgement in no way enables developers to sell open and stilt parking areas. Supreme Court judgement in this matter is clear that open and stilt parking areas form part of common area and can't be sold.

3. This judgement in no way says that developer licence can't be cancelled for non delivery of project within stipulated period of time.

4. This judgement in no way says that developer can change layout plan anytime at his own whims. High Court judgement in this matter is clear that layout plan should match as agreed when signing the buyer's agreement.

So, please be prepared with your points when someone approaches you or you meet someone.

Judgement is available at:

http://www.accommodationtimes.com/real- ... evelopers/

[tarsona]

Dear Dheeraj,

Thanks for the information.

it means that as per point no. 2, developers charging for Open car parking is not fair correct me if I wrong.

[rgoel24]

Hi Tarsona

You are right, they can't charge you the same.

@Dheeraj: Though the decision by supreme court is somewhat disappointing but it gives us a few very strong points in favor of buyers.

Can you have the full copy of the order available with you??

[dheerajjain]

There are separate Supreme Court/High Court judgments on issues of Open/Stilt parking, selling of common areas etc.

You can find parking judgment here in forum:

post1904.html?hilit=parking#p1904

Common areas judgment here in forum:

post953.html?hilit=common%20areas#p953

It is surprising that builders are openly flouting these judgments and Govt. is not taking any action for blatant violation of laws.

[kedia.harsh]

hi Dheeraj,

even my builder (SPR buildtech in sector 82) has taken 75000 against open car parking... in spite of my regular follow up on email he is not reverting me. Please suggest what to do. also my possession was suppose to come in Jan this year but neither builder is giving clue about possession nor he is paying penality amount. I am feeling trapped now.. please tell me how to get it sorted.