Parking charges charged by builder what action can I take

870 votes

Thank you for your question. Like you rightly said, the Supreme Court in its decision of Nahalchand Laloochand Pvt. Ltd vs. Panchali Cooperative Housing Society Ltd., AIR 2010 SC 3607 has held that Maharashtra Ownership Flats Act, 1963 (substituted by MHRD Act, 2012) mandates the promoter to describe the “common areas and facilities” in the advertisement as well as the “agreement” with the flat purchaser and the promoter is required to indicate the price of the flat including the proportionate price of “common areas and facility”. Thus, if the promoter does not fully disclose the common area and facilities he does it at his own peril. This entitles you to receive a refund of the amount along with interest for the amount paid. Delay in possession also provides for compensation. A petition can be filed in the Consumer Dispute Redressal Commission for receiving these reliefs. Please feel free to get in touch with us for any further queries.

Advocate Bhoomika Choudhury LawRato

961 votes

U have 2 remedies for recovery of the parking charges with interest .
1 consumer case against builder in the consumer court
2. Recovery suit against builder in civil court
In consumer court has 2 benefits and 1 draw back
benefit - 1. negligible court fee 2. Simple procedure . Draw back : time consuming
civil suit is less time consuming but u need to pay court fee

Advocate Suneet Bhardwaj LawRato

708 votes

Yes you can claim same thing but you have to established that as per scheduled you have paid all the sale consideration amount but the builder failed to comply with their commitments and deliberately delaying the possession to you

Advocate Harsh Kumar Gautam LawRato

886 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato