Venu Madhav V/s Mohana Rao
National Consumer Forum orders developer to give parking space to flat purchaser along with a fine of Rs. 1 lakh. Relevant Para No. 16
Shri Nilesh Narayan Salunkhe and Others versus Mumbai Building Repairs and Reconstruction Board and Others
The project was a scheme of redevelopment and the Petitioner had an issue with car parking. He said If the Petitioners are going to be rehabilitated in a rehab building, then, that building must have adequate car parking facilities and for every occupant.
Para 5: These agreements shall be subject to regulatory legislations and laws including MOFA. They shall also be governed by the recent enactments of Parliament. If these effects are brought to the notice of builder and developer and during this period, he would be obliged to rectify them and it goes without saying that failing which the law will take its course.
Royal Manor Co-operative Housing Society V/s Angana bharali Das
Para 42: Cited the judgment of supreme court in case of Nahalchand Laloochand Pvt. ltd. has held that developer cannot sell the open parking space to any prospective purchaserof the flat or other tenements.
Para 50: respondent had not demonstrated any extra ordinary circumstances for grant of such mandatory interim injunction by creating an additional car parking when all the 24 car parking spaces are already allotted.
Natalia CHS Ltd. Vs M/s Navbharat Development Corporation
Builder had to execute Deed of Conveyance in favour of the society and also bear additional burden of stamp duty which has increased from 15th October 1984 onwards.
The Opposite Party was asked to pay the society an additional sum of Rs. 5,000.
The Builder was asked to comply with the order within 3 months of the order failing which a penalty of Rs. 500 per day till the order is complied with.
Shalab Nigam Vs Orris Infrastructure Pvt. Ltd.
Complete the construction work and handover the physical possession of the flat complete in all respects as per agreement till 30th September 2019 after obtaining occupancy certificate. The OP-1 shall pay interest @ 6% p.a. on the deposited amount by the complainant till the due date of possession from the due date of possession till the actual date of possession. For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest @6% p.a. shall be adjusted at the time of possession before any due amount is taken from the complainant by the OPs. If the possession is not delivered till 30.9.2019, the complainant shall be at liberty to take refund of the total deposited amount alongwith interest @ 10% p.a. from the date of respective deposits (from or after 05.09.2012) till actual payment.
