Supreme court judgement on parking - civil appeal no.2544 of 2010
Chintan
(Querist) 20 October 2011
This query is : Resolved
Re: Nahalchand Laloochand Pvt. Ltd. Vs Panchali Co-operative Hsg. Society Ltd.
I live in a co operative society where builder has sold parking space to many members. This has happened before the judgement was given in 2010. I have taken up this issue but the society committee members argue that the judgement is prospective and not retrospective, hence it is not applicable to our society as members have bought parking before the judgment was given. Please guide whether the SC judgement is retrospective or prospective? If it is retrospective in nature, what action can i take.
prabhakar singh
(Expert) 21 October 2011
The judgement's ratio decendi is applicable to each and every case where right to sue is not barred by any limitation law.
AMAR RANU
(Expert) 21 October 2011
The said judgement is prospective and not retrospective.
ajay sethi
(Expert) 21 October 2011
under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garages. The apex court accepted the argument of the flat owners of Panchali Co-operative Society in Dahisar (E) that even if they had entered into any prior agreement or contract with the builder that they would not lay any claim on the parking areas, the same would not have any legal sanctity.
in your case when was the parking slots sold by builder?
was the sale by separate agreement duly stamped and registered?
Chintan
(Querist) 21 October 2011
Few parking slots were sold before society was formed and few were sold after society was formed. As far as, how the sale was done i m not aware.
Chintan
(Querist) 22 October 2011
So what i understand is as per Shri Singh sir, nobody can buy parking from builder irrespective of it being before or after supreme court judgement and i shall have right to sue society incase of such incident.
Chintan
(Querist) 22 October 2011
thank u. so i can legally file a case against society. but which court should i move because in one sense this is contempt of supreme court's order? is there any help available by supreme court in orders passed by it. In addition i am also finding strong resistance from society members as they would be at loss.
Devajyoti Barman
(Expert) 24 October 2011
You need to file case in your local jurisdiction. Contempt case would not lie as the builder was not the party to that case.
