V IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI With NC/IA/1255-1256/2026 (Directions and Exemption)

Pradip Sonavane & Anr. Complainant(s)

Versus DSSD Infrastructure Pvt. Ltd. & Ors. Opp. Party (ies)

BEFORE:

HON'BLE MR. JUSTICE A.P. SAHI, PRESIDENT HON'BLE MR. BHARATKUMAR PANDYA, MEMBER For the Complainant:LKJIHGMFEr.D CMBitAhil Sampat, Advocate Ms. Tanisha Sampat, Advocate PRONOUNCED ON : 18.02.2026

ORDER

JUSTICE A.P. SAHL PRESIDENT

1. The two complainants before us are husband and wife, who have come up complaining about the deficiencies against the developer/ builder - opposite party no. 1, herein represented by the opposite party nos. 2, 3 & 4 and also the opposite party no. 5, Shree Nandadeep Bhavan Co-operative Housing Society Limited, broadly on two grounds.

2. The deficiency alleged is about a defective parking slot having been provided to the complainants and the Developers acting in violation of the legal provisions of the Maharashtra Ownership of Flats Act, 1963. The second complain is with regard to certain alleged deficiencies regarding the shortage of carpet area and other unauthorised constructions and deviations as entailed in paragraph 3S of the complaint based on an Architect's report dated 28.08.2025. The relief prayed for is for a direction to allot an alternative parking space that is lawfully sanctioned, to cancel the current parking allotments, with a direction to the society to frame a uniform policy for the same, cancel the second parkings that have been extended to other occupants and finally to award a sum of Rs.26,02,611/- in lieu of the unauthorised sale of 99 sq. ft. of the area. In addition thereto a prayer has been made to provide several documents that have been enlisted in the prayer clause and the society be directed to issue maintenance bills and further provide all the information as enlisted in the prayer clause.

3. The background in which the present complaint has been filed is that the complainants came to know about a redevelopment project named, Shri Nandadeep Bhavan, developed by the opposite party no. 1 for the residents of that society with an authority to sell the flats of the saleable area. The complainants accordingly entered into an Agreement for Sale on 20.12.2013. As per the said agreement and the facts stated, the complainants allege to have paid a sum of Rs.2,89,47,828/- as consideration for the flat. The flat was to be delivered in terms thereof. Clause 3 of the agreement recites theLKJIHGFEDCBA description of the flat as promised bearing no. 701 on the 7>th floor of Shri Nandadeep Bhavan, admeasuring 989 sq. ft. This total sale consideration includes the proportionate price of the common areas and facilities appurtenant to the said flat. The amenities to be provided by the Developer are described in annexure-7 along with the description of the premises in the 3rd schedule. The agreement further recites in paragraph 26 about the availability of the common areas and amenities as described in the third schedule. Clause 28 specifies the restrictions placed on the parking space to be allotted to the occupier, whereby the same could not be sold to any third party. Clause 29 further records that the purchaser shall use the basement parking space only for the purpose of keeping or parking the purchasers' own vehicle and for no other purpose.

4. Parking slot to the complainants was allotted on 14.04.2016, which is extracted herein under:

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CIN = U45201 MH2OO7PTC175O73 LKDJISHDG FIENDFCRBAASTRUCTURE PVT. LTD.

G R O UP Rogd Office : 102. Sangnvi Villa. 7S S- V. Rond. ten. Antlhorl (Weal). Mumbai - 00 050 «X>o**y « CtTf. Tel.: »9t-22-42765000 Fax : *91-22-42765015 www.thodsdgroup.cooi Da:e: I April 201 &

Mr. Pradip Babaram Sonovono and Mrs.RoJshree Pradlp Sonavano

501. Mllhu! Enclave, I Wing .fijamata Nagor. RCF Mahul Road.

Chombur. Mumbai 400074 Re: Atotment of Ono parking sfot in Slack Parking in I ha Basement level in building to ba known as “Kandcdeep'' situate, tying a