The State Consumer Disputes Redressal Commission has asked the BMC to modify its development control rules which currently allow a builder get away with fewer car spaces than required. The builders eventually charge for the parking lots over and above the price of the apartment. According to the Supreme Court order which says that under the Maharashtra Ownership Flats Act (MOFA), a promoter has no right to sell any portion of a building which does not fall under the definition of a ‘flat’.
The complaint was made by two senior citizens from Arjun Co-operative Housing Society in Malad where the builder had created only 40 parking spaces as per the sanctioned plans, though he constructed 60 apartments in the redeveloped property. He had then sought to divide even these parking lots between the original habitants of the society did not have parking lots to park their respective cars or bikes.
While the original inhabitants of the society did not have parking lots, the housing society was trying to sell these spaces at market prices. According to the existing DCR rules, in the suburbs a builder is liable to provide only one parking space for four tenements, each measuring over 35sqm, among other provisons. The SCDRC panel member and former justice AP Bhangale and member Dr. S K Kakade, also asked housing societies to frame laws accordingly, ‘if car parking spaces are in surplus, they can be reserved for visitors. In case parking lots are less, by- laws should be framed in such a way that these are rotated among flat purchasers’.
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