Consumer redressal body directs BMC to make one free car parking compulsory in Mumbai
To own a car has become the greatest need then the status symbol. The problem of car parking is constantly rising issue in the city of Mumbai as the numbers of cars are increasing day by day. And this increasing numbers of cars have given birth to the car parking issue in several cities.
The State Consumer Disputes Redressal Commission (SCDRC) has directed the Brihan Mumbai Municipal Corporation (BMC) to make it compulsory for builders/developers to provide one free car parking space with each apartment sold free of cost.
The BMC is asked by The State Consumer Disputes Redressal Commission to amend its present Development Control Rules which currently allow a developer/builder to complete the sale of flats while providing few parking spaces. It has seen in the city that the builders charge an increased amount for the parking above the flat cost.
The commission has also mentioned a Supreme Court order which says that under the Maharashtra Ownership Flats Act (MOFA), a promoter or a builder has no right to sell any portion of a building which doesn’t come under the definition of a ‘flat’.
Calling car-parking an “essential amenity”, the SCRDC ordered the Mumbai Municipal Corporation, must take care of parking spaces while sanctioning a building plan to ensure that each flat purchaser gets one car parking space.
According to the existing Development Control (DCR) Rules in the suburbs, a builder is liable to provide only one parking space for four tenements each measuring over 35 sqm, among other terms.
The SCRDC panel also asked housing societies to frame by-laws accordingly to assure that each flat owner occupies a parking space. The panel also expressed that if car parking spaces are in excess, they can be reserved for visitors. In the case of less car parking space, by-laws should be formulated like a way that these are interchanged among flat buyers.
Builders who use part of the approved FSI to develop parking spaces will be, however, should be allowed to sell them at market rates or a high rate to new buyers.
