Housing society not bound by builder’s parking lot deals

Have any complaint about allotment of parking spaces in your society compound? You can now ask the managing committee of your cooperative housing society to make fresh parking arrangements.

The Maharashtra State Consumer Disputes Redressal Commission on February 21 held that cooperative housing societies can cancel allotment of parking spaces made by their builder and make fresh arrangement by adopting a suitable bye-law.

The commission made the observation on February 21 while deciding a complaint filed by Thane-based elderly couple, Deepa and Dilip Joshi, who had purchased a flat in Venus Building at Gawand Baug in Thane. The retired judge and his wife approached the commission in May last year after they were physically restrained by employees of their developer, Vardhman Homes, from parking their vehicle at a stilt parking space allotted to another flat purchaser. They alleged that they were thereafter compelled to park their vehicle outside the society compound.

Joshi sought compensation from the developer for selling parking spaces in breach of provisions of the Maharashtra Ownership of Flats Act, 1963.

The developer contended that he had never agreed to sell or allot any parking space to the complainant.

The commission discarded the developer’s contention, reiterating the settled legal position that the builder cannot sell or allot any parking space, which forms part of the common amenities of the housing society.