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Reasonable distance within which the parking space should be alloted
17-Jul-2023 (In Consumer Court Law)
We have bought a flat in Dombivali (Mumbai) from a reputed builder. The builder had asked for money in Cash to allocate Open parking space. We had refused to do so. Later after we complained to Police and regulators, the builder agreed to allocate parking to us. However, its a big project and they have mischievously allocated a parking space with is about 400 meters away from our building. My query is as follows: Does any regulation / court judgment specify what is a reasonable distance within which the parking space should be provided?
In a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that 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, 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. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.
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Adv. Ishan Rohan
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