Supreme court judgement on stilt parking
V Srinivasan
(Querist) 11 December 2013
This query is : Resolved
Dear Sir
With reference to the above, there is a general perception among members who had paid money after registration of flat for car parking allottment, that since the judgement of Supreme Court came only in 2010 and we had paid money in 2006,07,08 and this judgement will not bind us and the same will only bind the NAghool chand case.
As per my view that the case is regarding transaction in 2202 filed in city Civil court Mumbai in 2004 and judgement given by City Civil court in 2006 and appeal judgement of Mumbai High Court in 2008 and finally SC bench judgement in 2010 and hence this is applicable to all the transaction between any builder and any purchaser
Please clarify whether the judgement is applicable for any transaction by builder and residents prior to the same for other building transaction also.
V Srinivasan
Dr J C Vashista
(Expert) 11 December 2013
The order is applicable from the date of decree passed by trial court i.e., City Civil Court, although it was challanged but upheld by all the courts including apex court.
T. Kalaiselvan, Advocate
(Expert) 11 December 2013
Yes, the order comes into force from the date of its pronouncement in the lower court.
