A builder has to provide free parking space in accordance with the provisions of the development control regulations (DCR) of the city, the Mumbai suburban district consumer forum held on Monday.
Pediyar Associates was found guilty of deficiency in service for not giving a flat purchaser, Kanayo Merani, a parking space.
The forum has directed the developer to pay Merani Rs5 lakh as compensation within three months and an additional Rs25,000 towards cost of the litigation.
The bench of forum president JL Deshpande and member SR Sanap noted that regulation 36 of the DCR mandates that the builders provide one parking space for every four flats each admeasuring 35 to 45 sqm carpet area, or two flats each admeasuring 45 to 70 sqm, or one flat admeasuring above 70 sqm.
Merani had purchased a 963 sq ft flat in Bhagwan Co-operative Housing Society, Khar (West), and hence was entitled to a space to park his vehicle.
According to his complaint, Merani moved into flat number 504 in the housing society in May 2007. As promised by the developer, he started to park his car in a stilt parking lot in the B-wing of the society.
However, Merani had approach the consumer forum in August 2010 after the developer sold the parking slot to another member.
The builder as well as the housing society opposed the complaint saying that it was time barred, as more than two years had lapsed after the cause of action — the dealing of the flat was in 2007 and the com plaint was filed in 2010.
The forum, however, held that the builder had to pro vide free parking to eligible flat purchasers while handing over possession of the flat.
It also reiterated t hat a builder could not sell open or stilt parking space, as it is not covered within the floor space index (FSI) and is a com mon amenity meant for flat purchasers.
It, however, declined to concede to the complainant’s plea for allotment of specific space for his vehicle, stating once registered, it is for the housing society to make fresh parking allotment to members or confirm the ones made by the developer.