Noida: After an eight-year fight, a flat owner in Greater Noida has secured a parking space for his car following two rulings from the consumer court.The homebuyer, who took possession of his flat in 2016, had been assured free open parking. The district consumer disputes redressal commission (DCDRC) ruled in his favour in 2022, but the developers challenged the order before the state commission, which sent the case back to the district commission for a fresh hearing. On Aug 12, DCDRC once again ruled against the developer, ordering it to provide an open parking space within 30 days.Brijesh, who bought a flat in Stellar MI Legacy Apartments, filed a complaint under Section 12 of the Consumer Protection Act, 1986, against MI Builders and Developers and Stellar Group on Dec 31, 2018. The provision allows a consumer complaint to be filed before a district forum over defective goods or deficient services.Brijesh told the forum that the brochure-cum-price list stated every homebuyer was entitled to one free open car parking space. Yet more than two years after he took possession, he had not been allotted one, and on April 13, 2018, the developers formally informed him that all available parking spaces had been allotted to other buyers and none remained for him.In his complaint, Brijesh also alleged the developers used coercive tactics to dissuade him from pursuing legal recourse. “In Sept 2018, a person representing the builder offered to allocate the parking space only if I was ready to withdraw an ongoing appeal before the electricity ombudsman in Lucknow, after my power connection was illegally disconnected and unauthorised charges were levied,” he submitted.He accused the developers of unfair trade practice and deficiency in service, causing severe mental distress and harassment.The commission issued notices to the developers. Stellar Group filed a written reply clarifying that it was not involved in the project, which was co-developed by Stellar Ventures and MI Builders. MI Builders did not respond to the notices, and the matter proceeded ex parte against it. On Aug 18, 2022, DCDRC ruled in favour of the flat owner and directed MI Builders to provide one free open car parking space within 30 days and pay Rs 2,000 as litigation cost.MI Builders appealed the decision before the State Consumer Disputes Redressal Commission, which on April 4 last year remanded the case to DCDRC and directed it to hear the builder’s appeal as the 2022 order was passed ex parte.In compliance with the state commission’s order, the developer was told to file pleadings and submit evidence. Since it did not file any, DCDRC president Anil Kumar Pundir and member Anju Sharma, who heard the case, cited previous orders of the state and national commissions, holding that “consumer forums possess full jurisdiction to award compensatory and exemplary damages for mental agony and injury caused by the oppressive behaviour of service providers”.The commission ruled that the brochure and price list confirmed the project was being developed by Stellar Ventures Pvt Ltd, a distinct legal entity, not Stellar Group. Consequently, it held that the complainant did not qualify as a consumer of Stellar Group, and that no relief could be granted against Stellar Ventures Pvt Ltd, as it was not a party to the complaint.“However, MI Builders, a party to the complaint and identified as a co-developer, remains liable. Its failure to provide the contractually promised free open car parking space constitutes a clear deficiency of service, making the complaint liable to be allowed against it,” the commission ruled.
