STILT CAR PARKING - NOT TO CHARGE -SUPREMECOURT ORDER
Q: AS PER THE SUPREME COURT ORDER,STILT CAR PARKING SHOULD NOT CHARGED BY BUILDERS.BUT NO BUILDER IS OBEYING THE LAW.ALL THE BUILDER ARE COLLECTING FOR CAR PARKING AS THEIR WISH.WHY SUCH THING HAPPENING OR NO GOVERNMENT OFFICIAL ARE NOT INVOLVED TO TAKE ACTION AGAINST BUILDERS .REQUESTING YOU TO ADVICE ON THE SAME TO PROCEED FURTHER.
Dist. Consumer Forum-VI, New Delhi has directed in CC:1129/13 on 16.2.2015 M/s Gardenia Shelters Pvt Ltd, Noida to refund car parking amount of Rs.2 lacs collected from ABV Vijayalakshmi along with 9% interest w.e.f.27.10.2009 until the date of payment and Rs.35,000/- towards harassment, deficiency of service and legal expenses. The Competition Commission of India (CCI) too pointed-out that the Parking Area can't be charged for separately and must form a part of common area and facilities. If the seller / developer mentions Car Parking Area as a separate item, one can challenge the Developer. Car Parking is a part of the Society's Common Area. It is not part of the Floor Space Index. Hence, the Realtor has no right to charge any amount for this Space. Ms ABV Vijayalakshmi
Thank you very much for your guidance. It's a well thought through response.this information is really helpful to understand the concept of car parking and common area.
As far as I know, builders should not charge for OPEN car park. He is allowed to charge for car park in stilt floor since has spent considerable amount for raising the column,beams,plastering,painting,lighting,etc etc. May be You can get it checked in CMDA web site
Requesting more suggestions/inputs from everybody who is interested to take care of our common people or save from the cheating buiders .We need to create revolution against cheating builders.
Yes dude, even I agree with you. Actually the case for car parking is on hold. Currently builders should npot charge for car parking but even I am wondering why is it happening so. But there are some good and reputed builders who offer good and worth projects.
Hey if a builder is cheating you , you can hire a good lawyer and send a legal notice against the builder. But make sure you have all the written proof.
Eventhough we are in 21st century,we dont have proper guidance for the property buyer,still most of the middle class people severely affected & investing their hard yearned money for owning the flat which is their lifetimes dream.Due to the lack of awareness,the property buyers simply losing their hard yearned money & getting poor quality product from the builders.If our people get good awareness before buying the property,the buiders who is cheating the property buyer will run away from the business. & also no government is involving in this issue or dont have control over builder.Due to the only reason ,the cheating buiders are surving in their business.For Example,The supreme court given judgement on 2010 regard to car parking issue,No buider should charge for car parking.But no buider is obeying the supreme court law.I think all the law will be applicable for the low level peoples.If the law is common to all,why the govermnet & supreme court is not controling the buiders .
Hello Vijay, I think this has been put on hold as builders are revolking this law.,but yes you are right at present there is a law that builders should not charge for car parking ,...even I am wondering why these people are charging for car parking. :\