The National Consumer Disputes Redressal Commission, New Delhi (NCDRC), has held that club and basement parking areas are common to all allottees and, therefore, the developer is not entitled to recover charges for them.
In Capital Greens Flat Buyer Association & Ors v DLF Universal Ltd & Ors, DLF Universal was developer of DLF Capital Greens, Moti Nagar, in New Delhi, which has 2,870 residential apartments in 23 residential towers. The complainant society comprising allottees of apartments approached the NCDRC seeking possession of the allotted apartments, and also sought a refund of the charges recovered from the allottees for providing car parking, club facilities and service tax.
The issues before the NCDRC were regarding disputes raised by the allottees vis-a-vis club charges, car parking charges, compensation in delays to offering possession, and force majeure circumstances.
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The dispute digest is compiled by Bhasin & Co, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
