In a relief for flat buyers, Maharashtra Real Estate Regulatory Authority (MahaRera) has declared that puzzle parking is part of the common areas in a housing project.
The order was passed on a complaint by Devarajan Swaminathan, a resident of Lodha Casa Royale at Balkum, Thane (West). The project comprises three towers of 432 flats with basement, stilt, open and puzzle parking.
Puzzle parking is an automated system featuring combination pallets that enable horizontal and vertical movement of parking spots, just like a puzzle, to park and retrieve vehicles.
In the last tower of 122 flats, 24 flat owners, including Swaminathan, were allotted puzzle parking by the developer. The society asked them to bear the expenses of its maintenance although they paid proportionate contribution towards other amenities like other members.
Swaminathan sought a clarification whether a puzzle car park is included in the common areas of the project.
He argued if there is a structural damage to a pallet, why should any one or few have to bear the expenses. He produced a document which shows the developer has admitted that car parking in the basement, stilt, open area or puzzle is included in the common area amenities of the project. Advocate Amrut Joshi for Lodha said puzzle car parking falls within the definition of “parking spaces” as defined in the agreement for sale. Also, since puzzle parking is part of the common amenities, the flat purchaser’s grievance that he along with 23 others are being made to bear its maintenance alone would be a dispute purely between them and the society.
In his December 11 order, MahaRera member B D Kapadnis observed that the puzzle car parking system features combination pallets carrying cars. “Individually, the load and unload of the cars is possible. Thus, it is an independent system which is electromechanically operated. Fast in and out of the cars is possible. Combination of multiple levels vertically and horizontally is possible. It is mostly preferred in residential complexes,” he added.
Kapadnis noted that under Rera, the definition of common areas means “the common basement, terrace, parks, play areas, open parking areas and common storage spaces”.
“A specific car parking (in a puzzle park setup) to the exclusion of others cannot be allotted to any one allottee and is not possible also. A car can be parked at any level and at any available space. After considering the concept of puzzled parking as explained above, I find that it is a common area and I declare it to be so,” said Kapadnis, disposing of the complaint.
