common areas/services in a developer apartment
Querist :
Anonymous
(Querist) 27 April 2011
This query is : Open
Dear Sir/Madam,
The supreme court has ruled in September 2010 ""The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
"It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage."
I have bought an under-construction flat from a developer/builder in Faridabad, Haryana. The builder has charged me extra for EDC, Preffered Location Charge, Club Membership Charge, Fire Fighting Charge, Electrical Charges, Power Backup Charge, Covered Car Parking. ALL THE ABOVE ARE COMMON AMENITIES/SERVICES OR AREAS. PLEASE ADVICE IF LEGALLY A BUILDER CAN CHARGE ALL THE ABOVE CHARGES? PLEASE ALSO PROVIDE ANY REFERENCE CASE IF ANY.
