SCDRC i.e. the State Consumer Disputes Redressal Commission directed the Brihanmumbai Municipal Corporation [BMC] to make it compulsory for the builders/developers to offer one free car parking with every residential unit free of cost.
The Brihanmumbai Municipal Corporation is asked by the Consumer forum to amend its present Development Control Rules that allow the developer/builder to complete the sale of flats while providing few parking spaces. In the city, the builders charge an additional amount for the parking above the cost of flat.
The SCRDC quoted the Supreme Court order that states 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 decision by the Consumer Forum is taken while hearing the plea of two senior citizens from Malad – namely Sukhdeo Mahamuni and Namdeo Bhor from the Bank of Baroda Employees Arjun Co-operative Housing Society Ltd.
Advocate Uday Wavikar representing Bhor said that the residents are denied to park the car in their redeveloped building.
According to the sanctioned plan, the developer constructed merely 40 parking spaces however he built 60 apartments in the redeveloped property. The builder also sought segregation of parking space between old and new homebuyers. But, the original habitants of the society don’t have the parking space and the housing society was trying to sell this area at market value.
The developer would ask a premium amount for the parking space from the new homebuyers.
The State Consumer Disputes Redressal Commission called car-parking an “essential amenity”, and said that the Mumbai Municipal Corporation, another planning authority should take notice of the same while giving approval to the building plan as it will ensure that each flat owner will have at least one dedicated car parking.
The order holds significance while considering the parking space issue in Mumbai where half of the roads are covered with the vehicles that are parked outside the buildings due to insufficient parking area.
As per the Development Control Regulations [DCR] the builder in the suburbs area should offer one dedicated parking to the tenements.
The 2-judge panel of SCRDC including president former justice A P Bhangale and member Dr S K Kakade directed the housing societies to draft by-laws in accordance to ensure that every flat owner must get a parking space and the same can be kept reserved for the visitors if the parking area is greater than that is recommended. The parking space should be made rotational among the owners in case the parking area is small.
However, the developer using the part of approved FSI to develop parking spaces can sell the same at market value.