Parking charges
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
BUILDER HAS COLLECTED RS.2 LACS IN NOIDA FOR PARKING CHARGES STATING IT AS MANDATORY IN THE VERY BEGINNING ITSELF. THE CONSTRUCTION IS ABNORMALLY DELAYED AND POSSESSION IS YET TO BE GIVEN.
RECENTLY, SUPREME COURT HAS ORDERED THAT PARKING CHARGES SHOULD NOT BE LEVIED IN STILT/CELLAR. WHETHER I CAN DEDUCT THIS RS.TWO LAKHAS ALREADY PAID IN THE BALANCE AMOUNT TO BE PAID AT THE TIME OF HANDING OVER THE FLAT. IF THE BUILDER IS STUBBORN AND DEFINANT, WHETHER I CAN APPROACH CONSUMER COURT OR LOKAYUKTA?
V R SHROFF
(Expert) 13 January 2012
yes, you deduct, with covering letter that u cannot collect 2l car park chg, as per sc.
Devajyoti Barman
(Expert) 13 January 2012
Lokayukta has no power to deal with this dispute.
Do clarify whether this was the price of the parking space or advance parking charges.
You have a earmarked parking space asnits owner then you are no more liable to pay any charges.
File a complaint in the consumer forum.
ajay sethi
(Expert) 13 January 2012
has the builder given deatiled break up in agreement ? does the agreement mention that rs 2 lakhs would be for providing parking slot?
if builder has delayed posession and failed to complete constrction during the stipulated period you cna move consumer forum for comensation , refund with interest etc . you cna also raise the grievance about illegal payment collected towards parking
Sailesh Kumar Shah
(Expert) 13 January 2012
WHETHER I CAN DEDUCT THIS RS.TWO LAKHAS ALREADY PAID IN THE BALANCE AMOUNT TO BE PAID AT THE TIME OF HANDING OVER THE FLAT.
Answer: yes.
WHETHER I CAN APPROACH CONSUMER COURT OR LOKAYUKTA?
Answer:yes, but only Consumer Forum.
Raj Kumar Makkad
(Expert) 14 January 2012
I have similar opinion as expressed above.
Deepak Nair
(Expert) 14 January 2012
You are rightly advised by the experts above.
Querist :
Anonymous
(Querist) 16 January 2012
Conflicting views have been expressed by different legal luminaries on the collection of parking charges by the Real Estate Agencies. Some people have expressed serious doubts that the Supreme Court verdict is confined to a specific case of litigation related to a Builder in Maharashtra State and Mumbai High Court and it is not a general ruling that is applicable to one and all. Some Legal Experts have also commented that with the Apex Court's Order, the confusion has been further confounded and people are groping in dark.
Despite Supreme Court's Order, why then all the Real Estate people are charging Parking Charges for Stilt / Cellar Parking even now with impunity violating and disregarding the Order. Even the Flat Owners of the State owned Rajiv Swagruha Corporation Ltd in Andhra Pradesh are forced to pay the Parking Charges through their noses throwing to wind the Apex Court Order. Will some enlightened people fully conversant with the legal position vis-a-vis Supreme Court Order in Nanak Chand Case study the judgment and remove the doubts?
Querist :
Anonymous
(Querist) 16 January 2012
Conflicting views have been expressed by different legal luminaries on the collection of parking charges by the Real Estate Agencies. Some people have expressed serious doubts that the Supreme Court verdict is confined to a specific case of litigation related to a Builder in Maharashtra State and Mumbai High Court and it is not a general ruling that is applicable to one and all. Some Legal Experts have also commented that with the Apex Court's Order, the confusion has been further confounded and people are groping in dark.
Despite Supreme Court's Order, why then all the Real Estate people are charging Parking Charges for Stilt / Cellar Parking even now with impunity violating and disregarding the Order. Even the Flat Owners of the State owned Rajiv Swagruha Corporation Ltd in Andhra Pradesh are forced to pay the Parking Charges through their noses throwing to wind the Apex Court Order. Will some enlightened people fully conversant with the legal position vis-a-vis Supreme Court Order in Nanak Chand Case study the judgment and remove the doubts?
ajay sethi
(Expert) 16 January 2012
supreme court judgement is binding and applicable all over india .
if inspite of clear orders been passed by suprem court it is being violated with impunity then in such case flat owners have to move court for necessary relief aginst errant builders .
Querist :
Anonymous
(Querist) 12 February 2012
I am highly grateful for the valuable legal opinion given by the legal experts.
Let me wait and see whether the Builder bows down to the opinion without creating problems to me.
