The National Consumer Disputes Redressal Commission (NCDRC) has recently upheld the order given by Maharashtra State Consumer Disputes Redressal Commission (MSCRDC) stating that every homebuyer should be given at least one parking space in a residential complex. Prem Narain presiding member of NCDRC dismissed the complaint filed by the Saroj Sales Organisation (SSO) which has moved to the consumer forum after its plea was dismissed by the MSCRDC filed by Dolly Bharucha and Aarati Chorge.
Dolly Bharucha and Aarati Chorge had purchased a flat in “Breezy Corner” developed by Saroj Sales Organisation in Kandivali, West (Mumbai) had filed a complaint against the property developer when he refused to provide parking space of their vehicles inside the residential complex.
On 3rd June 2015, the district forum admitted the complaint filed by the Bharucha and Chorge and directed the builder to provide parking space to both the owners and in addition imposed a fine of Rs 50,000 and 10,000 as litigation cost on SSO.
On 13th June 2017, the MSCRDC dismissed its appeal, challenging the district order and also imposed additional litigation cost of Rs 10,000. MSCRDC maintained that a homebuyer should be entitled to at least one car spacing and this should be provided by SSO in this case. However, SSO claimed that the buyers did not opt for parking space while purchasing the flat and that is why there are not entitled to have one. It was further stated that the Residential Welfare Association (RWA) authorities, are in charge of the Housing Society Complex and are entitled to provide parking space to the buyers.
After this, the builder moved to NCDRC after his plea was dismissed by MSCRDC. However, the NCDRC authorities did not interfere with the order under challenge and upheld that the compensation awarded was justified by looking at the aggrieved buyers.
“The Complainants have suffered mental agony and harassment as they were not having any parking space. The award of compensation and litigation costs is justified”, the order stated.