Daijiworld Media Network – Mangaluru (MS)

Mangaluru, Dec 9: The district consumer forum had given prison sentence to builders in car parking slot controversy in a multi-storey residential complex at Gujjarakere built by renowned builders Marian Project Private Limited. Now the state consumer forum commission has ordered a stay on the ruling.

A woman, a resident of the said building had filed a complaint against the builders in the consumer forum accusing them of not providing car parking as per the agreement. The district consumer forum which conducted inquiry ordered the builders to provide car parking slot to the woman and also pay Rs 50000 as compensation and Rs 10000 as expenses of the case.

The woman again approached the district consumer forum saying that the builders have not followed the order of the forum. The consumer forum sentenced the builders to three years in prison and also slapped a fine of Rs one lac each.

The builders approached the state consumer forum and it has put a stay on the order of the district consumer forum of Dakshina Kannada.

Clarifying the issue, Naveen Cardoza of Marian Projects said, “The complainant, Dr Laveena Noronha’s initial grievance was that no designated car parking slot was allocated to her. She later changed her stance to say that she wanted a slot right beneath the building and not a covered parking within the premises. While this changed stance was granted by the district forum, the state commission has now granted a stay of such order. What is being asked of us is to deprive one person of their rights and exchange someone else's car parking with the complainant’s parking. An award which cannot be performed owed to the fact that the said building is now managed by the resident's association and this handover to the association was done over 10 years ago and currently we have no right nor jurisdiction to enter the said premises.

“This entire case is about a mere exchange of car parking from a sheet roofing parking outside the building line to a car parking under the concrete structure. Though many a times, discussion was held with the complainant, a solution could not be worked out. In the midst of this, the district consumer’s forum ruled in favour of the complainant. Now the state consumer forum commission has considered our writ and ordered stay on the verdict of the district consumer forum. We do not have any rights on the building at present,” he said.