22.09.2025 IA NO.2074/2023 IN CC. NO.882/2017

1. A perusal of record shows that the complaint bearing CC No.882/2017 was disposed of by this Commission vide order dated 24.08.2023. Being aggrieved by the said order, the Complainant filed an appeal before Hon’ble National Commission bearing FA No.306/2024, wherein the Hon’ble National Commission while disposing of the appeal vide order dated 23.08.2024 has passed the following orders:

“Considering the submissions made and after examining the records, we considered appropriate to request the learned State Commission to examine the case with respect to these two issues that has been contested by the complainant in complaint/appellant which as per him based on the appropriate orders.

Considering the submissions made, First Appeal No.306 of 2024 is remitted to the State Commission for consideration of these two issues sought by the Appellant/Complainant.

2. In terms of the aforesaid order passed by the Hon’ble National Commission, the Complainant has filed the application bearing IA No.2074/2024 seeking following directions:

i. Pass an order declaring that the covered car parking charges are included in the original purchase amount mentioned in the allotment letter dated 23.12.2012.

ii. Pass an order directing opposite parties declaring super area reduction of flat causing super area of flat reduced from 935 sq. ft. to 851 sq. ft.

iii. Pass an order directing OP to refund Rs.1,42,845/- towards excess payment made for reduced area and payment Rs.1,37,488/- towards interest on said money for 77 months.

3. We will first deal with the aspect with regard to Car Parking in terms of the order passed by the Hon’ble National Commission.

4. It is stated by the Complainant that as per terms and conditions of the allotment, the cost of the car parking space (covered) was included in Basic Sale Price and that it was mandatory to purchase usage rights for atleast one parking space for each apartment, which has been duly admitted by the OPs in their written statement at page No.43 and 49.

5. To deal with the issue whether the car parking space was included in the Basic Sale Price, we deem it appropriate the peruse the terms and conditions of the agreements executed between the parties.

6. We have perused the application form provided by the OP to the Complainant for booking of an apartment in Oakwood, which was duly signed by the Complainant. The perusal of said application form shows that under the heading ‘Terms & Conditions forming part of Booking Application for Apartment at Mahagun Mywoods, in the term ‘Total Price’ it has been stated that Total Price, means the amount amongst others payable for the said Apartment, includes Basic Sale Price, PLC (Floor/Location as applicable), calculated on per sq. feet/per sq. mtr. basis of the super area of the Said Apartment and cost of parking Space(s), power back up charges above 1KVA, Service Tax but does not include other amounts, charges security amount etc. which are payable as and when demanded by the Company in accordance with the terms of this Application. The terms ‘Total Price’ as defined reads as under the heading ‘Terms & Conditions forming part of Booking Application for Apartment at Mahagun Mywoods, reads as under:

“Total Price, means the amount amongst other payable for the said Apartment, which includes Basic Sale Price, PLC (Floor/Location as applicable), calculated on per sq. feet/per sq. mtr. Basis of the super area of the Said Apartment and cost of parking Space(s), power back up charges above 1k VA, Service Tax but does not include other amounts, charges security amount etc. which are payable as and when demanded by the Company in accordance with the terms of this Application, including but not limited to: …….”

7. We have also perused Clause 8.5(a) of the Allotment letter dated

23.12.2012, wherein it has been specifically stated that it is mandatory to purchase usage rights for atleast one parking space for each apartment. It further states that