‘Builder has to give free parking space’

The Mumbai Suburban District Consumer Forum found Pediyar Associates guilty of deficiency in service for not giving a flat purchaser, Kanayo Merani, a parking space. The Forum has directed the developer to pay Mr Merani Rs5 lakh as compensation within three months and an additional Rs25,000 towards cost of the litigation.

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‘Application for plan no ground for construction’

A builder will not acquire the right to construct a structure just by submitting an application for a building plan, the Madras High Court observed. The right will accrue only after the approval of the plan by the competent authority and, therefore, the builder is liable to pay development charges on the basis of the prevailing rate on the date of approval, Justice KK Sasidharan said while dismissing a writ petition from BEN Foundation. The builder had moved the Court seeking to quash the orders of the Chennai Metropolitan Development Authority (CMDA) demanding premium floor space index (FSI) charges to the tune of Rs35.10 lakh

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Housing Society Punished for Defying SC

The Bombay High Court has ordered Palm Towers Cooperative Housing Society in Nerul to rebuild the 30 shops it demolished by going against a Supreme Court order. The Society had demolished the ground-level shops in front of its building to regularise two of its illegal upper floors. The shop-owners, refusing to be made scapegoats, approached the HC. The Court asked the Society to reconstruct the 30 ground-level shops, face criminal action for illegal demolition and also lose its two illegal floors. The Society apparently misled the police and the fire brigade using an unapproved plan and got the shops demolished illegally.

 

 

NOTE:
Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

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