In a recent judgement, the Thane Additional District Consumer Disputes’ Redressal Commission has directed a housing society in Kille Gaothan, Belapur to take back the 13 parking slots in the society premises and re-allot them on ‘first com- first served basis’, as per adopted bye-laws, after a resident moved the commission seeking a parking slot.
The commission also directed the society to allot parking lots in open space as per bye-laws and pay Rs 10,000 towards mental agony and cost of litigation to the complainant. Ravindra Singh Rawal purchased a flat in 2018 in The Cams Enclave Cooperative Housing Society and rented it out. The tenant has to face many problems in using the parking place leading to Rawal approaching the consumer disputes’ redressal commission. He prayed to the commission to see to it that he is allotted a parking slot in the society and suitable compensation for his mental agony.
The housing society has 17 flats, but has only 13 parking slots. In the agreement reached with Rawal, there was no mention of allotment of the parking slot. The Housing society counsel argued before the commission that the builder directly sold the parking slots each for Rs 25000 and the society has no role whatsoever in it. According to The Maharashtra Ownership Flats Act, the developer or promoter has no right to sell the parking space. The developer is entitled to give documents of allotting parking slots. In this backdrop, the society should take back the 13 parking slots and re-allot them to others on first-come-first served basis as per the bye-laws of the society.
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