Delhi

New Delhi

CC/243/2007

Anil Goel - Complainant(s)

Versus

M/S. Star Estates Management Ltd - Opp.Party(s)

29 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/243/07                              Dated:

In the matter of:

Sh. Anil Goel,

S/o Late Sh. B.D Goel,

R/o F-501, Gauri Sadan,

5, Hailey Road, New Delhi-01

……..COMPLAINANT

       

VERSUS

M/s. Star Estates Management Ltd.,

Gauri Sadan, 5, Hailey Road,

New Delhi-110001

Through its Facility Manager,

Sh. S.P Chauhan

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

               

The short complaint is regarding a circular dated 24.01.07 issued by OP, which is a maintenance agency, of building called ‘Gauri Sadan’, at 5 Hailey Road, developed and sold by M/s. Ansal Properties & Industries Ltd., at 115 Ansal Bhawan. The Complainant is a owner of flat no.F-501, in this building and regularly paying maintenance charges. The said circular demanded extra charges for availing parking facility of the common area near gate no.2 @ Rs.3,000/- per  slot. The Complainant has questioned this as illegal and never agreed upon.

OP in its reply admits the facts. It however, justified the parking charges as stated in the circular.

 We have considered the case of both the parties and evidence on record. In our considered view, maintenance of common area cannot include the parking charges. The law is settled by Hon’ble Supreme Court that builders cannot charge for open parking. Once even builder cannot charge this, how maintenance agency can raise this separately? In our view, OP has committed deficiency and it is not entitled to any such charges and it is directed to refund the charges deposited by complainant with interest of 9% per annum till payment from the date of filing of this complaint, within 30 days.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 29.10.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER