By Accommodation Times (www.accommodationtimes.com)
Developers have opposed the consumer courts decision citing that developers can’t make flat buyers to pay extra for car parking lots open as well as covered in the vicinity of the complex. According to the forum’s decision car parking area is one of the parts of amenities that buyer is entitled to with no extra charges. On the 2nd Dec the Mumbai Suburban District Consumer Disputes Redressal Forum has ordered to Dinshaw Trapinex Builders Private Ltd to allot an open or covered parking space to buyer Firoz Khan at no extra charges. Khan had purchased an 839-ft apartment at Dheeraj Residency in Goregaon (W) in 2003.
As per the forum said that realtor has to pay compensatory amount of Rs.3L to flat buyer if he will not get the parking space. Following to the provisions of judgement made by the Supreme Court in 2010, which held that parking areas are part of common areas and facilities under the Maharashtra Ownership Flats Act (MOFA)? It quoted the SC judgment, which held that stilt parking or open parking areas are not sellable independently.