By Udumula Sudhakar Reddy
In an important judgement, the Hyderabad District Consumer Disputes Redressal Forum-3 has ruled in the favour of two flat buyers and has asked the builder to provide parking space.
The judgement gains significance in the wake of builders promising car parking space while selling flats and not allotting them citing lack of space later. This has become one of the biggest problems in apartments in cities, including Hyderabad.
The forum ruled that not allotting flats is a consumer dispute and not a civil dispute. Apart from ordering the builder to provide parking space it also awarded compensation to flat buyers and rental loss.
The petition was filed by K. Subba Reddy, a resident of Banjara Hills and Deepa Kodur, a resident of Filmnagar, Jubilee Hills, against eight respondents, including builder G.C. Shekar Babu of R. Constructions, landowner, former and current office bearers of Elite’s Pride Owners Welfare Society.
The complainants had purchased two flats in the third floor of Elite’s Pride and in the two sale deeds it is was clearly mentioned two car parking lots were allotted to the said two flats. They alleged that the parking lots were not assigned to any owner either by the builders or by the society of the Elite’s Pride.
At the time of purchase of the two flats, the complainants noticed a temporary room in the cellar area, which was being utilszed by the builders to store building material. The builders promised to dismantle that room and use for parking space.
The complainants also approached the Aasra, a GHMC sponsor organisation for redressal of the grievance but didn’t get results. Due to non-availability of parking the complainants had to keep their flats vacant for three months, from September to November 2008 and again for four months from October 2009 to January 2010. The loss due to this is estimated at Rs 1.75 lakh and total loss at Rs 3,62,100.
The evidence of the complainants and the opposite parties coupled with documentary evidence clearly established that complainants were entitled to car parking lots but were not provided with the same, the forum said.
In an important judgement, the Hyderabad District Consumer Disputes Redressal Forum-3 has ruled in the favour of two flat buyers and has asked the builder to provide parking space.
The judgement gains significance in the wake of builders promising car parking space while selling flats and not allotting them citing lack of space later. This has become one of the biggest problems in apartments in cities, including Hyderabad.
The forum ruled that not allotting flats is a consumer dispute and not a civil dispute. Apart from ordering the builder to provide parking space it also awarded compensation to flat buyers and rental loss.
The petition was filed by K. Subba Reddy, a resident of Banjara Hills and Deepa Kodur, a resident of Filmnagar, Jubilee Hills, against eight respondents, including builder G.C. Shekar Babu of R. Constructions, landowner, former and current office bearers of Elite’s Pride Owners Welfare Society.
The complainants had purchased two flats in the third floor of Elite’s Pride and in the two sale deeds it is was clearly mentioned two car parking lots were allotted to the said two flats. They alleged that the parking lots were not assigned to any owner either by the builders or by the society of the Elite’s Pride.
At the time of purchase of the two flats, the complainants noticed a temporary room in the cellar area, which was being utilszed by the builders to store building material. The builders promised to dismantle that room and use for parking space.
The complainants also approached the Aasra, a GHMC sponsor organisation for redressal of the grievance but didn’t get results. Due to non-availability of parking the complainants had to keep their flats vacant for three months, from September to November 2008 and again for four months from October 2009 to January 2010. The loss due to this is estimated at Rs 1.75 lakh and total loss at Rs 3,62,100.
The evidence of the complainants and the opposite parties coupled with documentary evidence clearly established that complainants were entitled to car parking lots but were not provided with the same, the forum said.
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