At least we all know how unfair the real estate industry is
today, involving unethical trade practices, over charging and delayed possessions.
The Bombay high court passed a judgment in the year Sept. 2010 saying builders cannot
sell parking areas as independent flats or garages. The Apex court rejected the
appeal of the promoter Nahalchand laloochand Pvt Ltd challenging the
Maharashtra ownership flats Act (MOFA).
The judgement says “The promoter has no right to sell any
portion of such building which is not a flat within the meaning of Section
2(A-1) and entire land and the building has to be conveyed to the organization (Building
society). The only right remains with the builder/promoter is to sell unsold
flats”
In a similar case The Mumbai Suburban District Consumer
Disputes Redressal Forum on December 2 2011 directed Dinshaw Trapinex Builders
Private Ltd to allot an open or covered parking space to buyer Firoz Khan at no
additional cost. Khan had purchased an 839-ft apartment at Dheeraj Residency in
Goregaon (W) in 2003. And the builder was asked to pay a compensation of
Rs 3 Lakh if he was not given the parking space.
You will never find the charges specified in the agreement
and mostly they will insist you to pay in cash, deny it.
Home buyers, it’s the time you know your right and stand for
it.
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