Address:Elara Building, JP North Garden City, Vinay Nagar, Kashamira,MIra Road
JP Infra Realty Private Limited/ Skylark Realtors Pvt. Ltd, 4th Floor, Vijay Tower, Western Express Highway, Near WEH Metro Station, Andheri East, Mumbai – 400093.
The builder of JP Infra, North Garden City, Elara, A to D-wing, Shubham Jain, a builder on Mira Road, sold all the common space free FSI areas to the residents after converting the free FIS space into parking and putting up the shade on it. The builder has also mentioned the flat numbers against each open parking area before conveyance and handover of the society to the committee members.
The builder can not sell the open parking areas to the residences as per the Maharera Act and BMC rules. Open parking areas come under the common areas and are under the control of the committee members under the society, and the committee and society will decide how to use the open areas.
I cannot park my car or bike in any of the open space common parking areas because JP Infra builders have sold all the common space as parking, and if I park my car in an open parking area, then the residents start fighting and saying that we have purchased this specific parking area and the builder has mentioned the flat number on it, so you cannot park your car or bike on it.I have attached all the pictures and the residents’ comments on WhatsaApps.
At the time of purchasing the flat, the JP Infra sales representative (Mr. Seshadri Matcha) informed us that there was no need to purchase parking as JP Infra has ample space for open parking. However, again we got a false commitment from JP Infra on the common open parking space. Now the issue is that JP Infra has sold all the common space for open parking and we have no space to park the 4-wheeler. As I also discussed with Mr. Vivian Sequeira and Mr. Rajendra, who take care of the parking part, I have addressed the issue to them regarding parking. However, I have not got any proper resolution from them and they said that JP Infra had allotted all the parking. So I have asked him that if you have allotted all the parking, then where is my allotted parking? Kindly let me know my allotted parking space and also, I have asked them who has given the rights to the builder (JP Infra) to allot the common space open parking before without transferring the rights to the committee members in the housing society, without making any conveyance deed and also without any housing society committee decision. I even escalated to the MD and CEO of JP Infra. I have attached the screenshots of emails for your reference. However, again, I have not gotten any reply from him.
Without doing conveyance of the Elara Housing Society or transferring the rights to the Elara Housing Society committee members, JP Infra Builder Shubhum Jain has sold all the common space open parking areas to the residents, and now there is no open space parking for other residents. JP Infra employees also told me that you need to park your vehicles outside of the complex on the main road, which means you cannot park your vehicles under the BMC guidelines.
As per the Maharashtra Co-operative Housing Society bye-Law and also as per Maharashtra Real Estate Regulatory Act bye-Law clause 78 to 80 in that it is clearly mentioned that Builders are not entitled to sell or allot open parking areas for consideration. 1) Open parking areas are provided free of FSI 2) Promoters are not entitled to sell or allot open parking areas for monetary consideration 3) Open parking areas, garage and covered parking space should be specifically marked and numbered at the real estate project site in accordance and as per approval or sanctioned plans and marked to the apartment to which it is allotted.
The entire JP Infra North Garden City complex is on 27 acres of land, and the builder can give us ample space for parking. However, there is no space provided to the residents in the Elara Building for common open space for parking. In fact, they have utilised the areas for monetary consideration. However, they should be used by society as per the society’s decisions and requirements.
There is also no visitor parking in our building. According to the BMC, a building must provide at least 5% of its space for visitor parking areas (stilts, open, or whatever). This is not covered under the Floor Space Index (FSI) and hence is not saleable.
In the entire complex, there are a total of 8 buildings are coming up and out of 8 buildings 2 society has already been created and handed over to the committee member of “Estella & Atria” and in those buildings, they have not covered any open space and neither they put any shades on the open space and nor they have sold, in fact, they have mentioned the numbers on the parking space but they not mentioned the resident’s falt numbers on it. But in our building called “Elara” on that, they have used the entire common space plus they have mentioned the falt numbers on it and covered & put shade on the common open space and sold as a cover parking to the residents without doing the society conveyance and without handing over to the society committee members. I am attaching all the pictures of Estella & Atria and also attaching the pictures of the Elara building and the resident’s WhatsApp messages informing them not to park cars and bikes on the mentioned flat numbers on the common space open parking.
I am also attaching the vacant space which is not sold to anyone yet.
I request you to please ask JP Infra builder Shubham Jain to allot me a proper parking space. I am attaching all the pictures, emails, and Maharera’s article on the new paper.
In the entire complex, a total of 8 buildings are coming up, and out of those, 2 societies have already been created and handed over to the committee members of “Estella & Atria”. In those buildings, they have not covered any open space, nor have they put any shades on the open space, nor have they sold. In fact, they have mentioned the numbers on the parking space, but they have not mentioned the resident’s false numbers on it. But in our building called “Elara”, they have used the entire common space, plus they have mentioned the falt numbers on it, covered and put shade on it, and sold it as covered parking to the residents without doing the society conveyance and without handing it over to the society committee members. I am attaching all the pictures of “Estella and Atria” and also attaching the pictures of the Elara building and the residents’ WhatsApp messages informing us not to park cars and bikes on the mentioned flat numbers in the common space open parking areas.
I am also attaching the vacant parking space where they have not mentioned any numbers and also which has not been sold to anyone yet.
I request you to please ask JP Infra builder Shubham Jain to allot me a proper parking space. I am attaching all the pictures, emails, and Maharera’s article to the new paper.
I am also attaching all the pictures of the Elara building (shade parking), Estella & Atria buildings without shade parking, Maharera Act, Advocate reviews, and their experience and knowledge shared on the parking issue on Kanoon.com and the judgment passed on Nahalchand Laloochand P.Ltd vs Panchali Co-Op. Hng. Sty. Ltd.