News: Mumbai: Builder can't sell society parking slots, says consumer body-03-05-2022
The society claimed all 13 parking slots were directly allotted by the builder at a cost of Rs 25,000 each and society had no role in allotment.
MUMBAI: In a recent judgement, the Thane Additional District Consumer Disputes Redressal Commission has directed a housing society in Kille Gaothan, Belapur to take back the 13 parking slots in the society premises and re-allot them on 'first come first served basis', as per adopted bye-laws, after a resident moved the commission seeking a parking slot.
The commission also directed the society to allot parking lots in open space as per bye-laws and pay Rs 10,000 towards mental agony and cost of litigation to the complainant.
The society claimed all 13 parking slots were directly allotted by the builder at a cost of Rs 25,000 each and society had no role in allotment. But the commission said as per provisions of MOFA (Maharashtra Ownership Flats Act), the developer or promoter has no right to sell parking space; besides, developer had only issued allotment letters.
Flat owner Ravindra Singh Rawal, who bought the flat in 2018, claimed a resident, who moved into the society on rent after him, was using a parking space, while he was suffering. Rawal, represented by advocate Mithil Sampat, sought allotment of parking slot and compensation for mental agony.
The Cams Enclave Co-operative Housing Society, represented by advocate Poonam Makhijani, stated 13 parking spaces were allotted by the builder and that complainant is parking his car inside complex but insisting on permanent allotment for parking.
The commission observed that in the agreement for sale entered by the complainant, there is no mention of any assigned or allotted parking. It stated there are 17 flats in the society, of which allotted parking has been given to 13 flat owners by builder. It said as per provisions of Indian Registration Act,1908 and Section 54 of Transfer of Property Act, 1882, if any immovable property having value of Rs 100 is intended to be sold, the agreement has to be compulsory registered, and in this case, the developer has only allotted parking and it cannot be treated as sale.
The commission cited an SC ruling that all common areas and facilities belong to members of the society. The developer has no right to sell these to anyone, hence the complainant is entitled to get allotted parking.
The order stated that deed of conveyance has been executed by the developer in favour of society and as per MOFA, society is absolute owner of building. It stated the 13 parking slots allotted by the builder by taking Rs 25,000 is an illegal, null and void transaction as per MOFA and they need to be taken back by the society, to make allotments based on 'first come first served' basis.
