Paresh (Secretary) 08 October 2010

Refund of Parking Charges as per Latest SC Judgement

Respected Advisors,

With reference to recent Supreme Court judgement (CIVIL APPEAL NO. 2544 OF 2010) which says Parking areas cannot be sold by builder, I am planning to send a legal notice to builder to ask for refund of Parking Charges which he has collected from me at the time of buying the flat.

Brief History:

___________

I have bought a flat in a residential complex by a Public Limited Builder at Mumbai in December 2006. At this time, builder told me that its mandatory to buy 1 parking slot. I had paid 1.5 Lakh Rupees to builder via Cheque agains which builder has issued me a receipt with revenue stamp & seal which states 'Against Car Parking - Parking Number - Flat Number'

Please guide me about following

1. Against what clause under Consumer Protection Act I can send a legal notice to builder?

2. Can you please help me with important points which should be highlighted in this notice?

3. Can I ask for interest on this amount for the lapsed time inbetween?

Thanks in Advance,

Regards,

Paresh

Bhandup (W), Mumbai

Reply Follow

2 Replies

M. A. Khan (advocate) 08 October 2010

There is no specific provision in consumer protection act, for legal notice, however, you can simply state your case and call upon builder to refund money, otherwise you'l file a case in consumer court. Supreme court Judgemnt of Justice R. M. Lodha, does't specify about the charges paid to builders, that means it has no retrospective effect. Therefore, that judgement may not support you much. Still on other grounds you can proceed against builder.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 October 2010

You can first write a registered AD letter to the builder. If he returns the money well and good. If he does not reply your letter or gives you a negative reply you can go to the Consumer court. I think Rs.1.5 lakhs is within the jurisdiction of the District Forum. You will have to file at the District Forum at the place the builder has got address or at the place where your flat is.

MPS Ramani