Occupency charges
SAA_Bombay
(Querist) 12 September 2011
This query is : Resolved
Our's is a redeveloped society. now, our builder wants to make a shop in stilt parking which is under sale wing not rehab building. but in our redevelopment agree he mentioned that he will not build any commercial office / shop here. Now, when we refused for any society NOC for same, he says he will build shop without any permission from society. I have heard that as per supreme court order, builder or society has no right to sale stilt parking. He has covered the stilt parking & is not allowing any person to park car there. secondly, is not handing over the society office & is using same as storage for him. what shall we do??
ajay sethi
(Expert) 12 September 2011
issue a legal notice to builder . draw his attention to redevelopment agreement . if he refuses to listen to reason file complaint with consumer forum for deficiency in service
prabhakar singh
(Expert) 12 September 2011
Adequate advise given ,i agree with Mr. ajay sethi
Ganesh Chavan
(Expert) 12 September 2011
Yes you are right In a recent case of an argument of a real estate development company that whether they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities, a bench of Justices A K Patnaik and R M Lodha of Supreme Court, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners dismissing the appeal of the promoter, Nahalchand Laloochand Pvt Ltd, who challenged 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 garages and follow the advice of Mr.ajay sethi sir.
Raj Kumar Makkad
(Expert) 12 September 2011
Apart from suggestions given by other experts, I advise you to even initiate criminal case against builder as the parking space is common for you all like society office as he has forcefully took its possession violating law of land so file a FIR against him. It shall definitely pressurize him. instead of going into consumer forum it is better to file civil suit seeking direction for eviction of aforesaid sites with compensation etc.
