When you invest a significant part of your savings into buying your dream home, you expect the builder to comply with the law and not burden you with unlawful charges.
Unfortunately, an 81-year-old retired Major of the Indian Army encountered deceit when he purchased a 3 BHK flat at the Hill View Garden Housing Complex in Rajasthan. The builder charged him separately for parking space, an illegal practice under Real Estate law, and contrary to the terms of the homebuyer’s agreement.
The builder’s actions also violated laws such as the Rajasthan Apartment Ownership Act, 2015. Feeling cheated, the Major pursued justice through the consumer forum. After a determined seven-year legal battle, the NCDRC finally ruled in his favor, setting a precedent for protecting homebuyers’ rights.
In an article covered by The Economic Times Wealth on this subject, Mr. Sadhav Mishra, Partner & Head of Real Estate at SNG & Partners, while expressing his thoughts on the ruling said that, “Prior to enactment of RERA/MahaRERA, the sale of car parking (stilt/open) by the builder was prohibited in view of the landmark judgment by the Hon’ble Supreme Court of India in Nihalchand Laloochand Pvt. Ltd. Vs Panchali CHS Ltd., whereby the Hon’ble Court interalia held that stilt/open car parking space of a building is nothing but a part of common areas and hence only a flat within the meaning of section 2 (a-1) of Maharashtra Ownership of Flats Act, (MOFA) can be sold along with garage.”
