Crooked Builders

H/l: Parking space: Housing society wins legal battle against builder

AADITI JATHAR LAKADE


Posted: Friday , Feb 12, 2010

Pune: After a six-year legal fight, Sunshree Suvarnayug Society on NIBM Road is all set to get back three parking spaces in their societies, which were converted to shops and offices by the builder.

The society with 46 flats was built in 2003. “We came to know about the issue only after all the flats were occupied,” said Maj Gen Avinash Ranbhise, former chairman of the society adding that to compensate the three parking spaces, he had converted the drive-in passage of the society into a parking lot.

Earlier in 2004, around 20 flat owners of the society joined together and moved the consumer court demanding parking spaces. They also mentioned in their complaint that amenities like installation of fire fighting equipment, garbage chute, children’s play area, garden and clubhouse were incomplete at the time of posession of the flats.

On January 27 this year, the consumer court passed an order asking the builder to hand over the three parking spaces to the society, install new fire fighting equipment and provide garbage chute within four months.

“The PMC can take action against the builder for misuse of parking space if the society members lodge a police complaint. The procedure is to give one-month notice to the builder to demolish the illegal construction. If he fails to do so, he could be arrested,” said a PMC officer.


During the case proceedings, the builder had filed a written denial statement to these allegations in the court after which, a court commissioner was appointed to look into the matter and his report substantiated the society members’ grievances.

Denying that the parking lots have been sold to shops and offices, Rajeshkumar Sakla, partner, Suvarnayug Developers said, “Only one society office was constructed. Now, we have begun demolition work of the office,” Sakla said. He added that they have decided not to appeal against the order as they have already complied with 70 per cent of the court directives.

“The judgement is significant as it illustrates the observations of the court commissioner and gives point-to-point directions to the builder for rectification. The order may be used as reference in similar cases,” said advocate Dnyanraj Sant, counsel for the society members.

[tsk tsk: After this article was published, i for calls from two other persons who had similar complaint and wanted to approach the court.]

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