Central Government Employees Welfare Housing Organisation
(An autonomous body of Govt of India)
6th Floor, ‘A' Wing, Janpath Bhawan, Janpath New Delhi -110001.
Telephone : 011-23717249, 23739722, Fax : 011-23717250; E-mail : cgewho@nic.in
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| A-507/2(II) | By Post | Date : 29/07/2011. |
To,
All beneficiaries of Chennai (Phase-II) Housing Scheme.
Subject : Allotment of Car Parking in CGEWHO’s Chennai (Phase-II) Housing Scheme : reg.
Sir,
CGEWHO has invited option for Car Parking(s) for allotment in CGEWHO’s Chennai (Phase-II) Project vide letter No. A-507/2(II) dated 1st July, 2011 with the last date as 01/08/2011 for sending the OPTION to CGEWHO’s Head Office.
2. We are in receipt of several representations for providing the CCP (Covered Car Parking) free of cost citing the ORDER/JUDGEMENT of Hon’ble Supreme Court {may be viewed by visiting this link ; http://www.cgewho.nic.in/SC_NLPL1.pdf}. With due respect to the judgment of the Hon’ble Apex Court, we put forth following point of clarification(s) for information of beneficiary which may please be noted:
a) That the CGEWHO has mentioned in clear terms in the Footnote (iv) of Clause-5 at page-3 of Part-A of Chennai (Phase-II) Housing Scheme Brochure that QUOTE ‘Few car/scooter parkings under stilts may be provided. Options for the same will be called towards end of the project and allotments made through a computerized draw (in case of higher demand), at extra cost to be intimated the. Cost of parking Space(s), if allotted, would be called and become payable at the time of final installment’.
b) That the same Brochure containing rules for regulating CGEWHO’s Chennai (Phase-II) Housing Scheme either issued or downloaded from website of CGEWHO by each beneficiary and solemnly affirmed through an UNDERTAKING & Application Form to have read, abide by and understood the rules and instructions of the ‘CGEWHO’ (Short title) before a Notary Public Accordingly, CGEWHO has issued letter No. A-507/2(II) dated 01/07/2011, inviting parking options/requirement from its beneficiaries since number of parking space under stilts are not equal to the number of dwelling units and moreover, it does come under ‘limited common areas’ as per said Judgment.
c) That the CGEWHO, a No-Profit & Welfare organization of GoI under the M/o HUPA, is in contractual obligation with its promoter contractor to pay the cost of car parking space under stilts separately, so provisioned as per approval of plan from CMDA (Chennai Metropolitan Development Authority). It may please be noted that since there are limited no. of parking available under stilts and this will not be sufficient to accommodate 100% beneficiaries by offering one individual parking under stilts. The expenditure involved on construction of stilt cannot be charged uniformly on all beneficiaries as the parking shall be used by those limited no of beneficiaries only who will be the allottee(s). In order to keep equality among all beneficiaries on enjoying the benefits/rights, there is a
requirement of costing of parking under stilts, separately and recover it from the beneficiaries who are going to utilize the same. Hence, the contention of CGEWHO charging extra cost for parking under stilts is towards keeping equality among the beneficiaries only.
d) That the said judgment was pronounced on the basis of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 as ‘MOFA’ and its ‘1964 Rules’, Development Control Regulations for Greater Bombay, 1991 as ‘DCR’, Maharashtra Apartment Ownership Act,1970 as ‘MAOA’, The Maharashtra Regional and Town Planning Act 1966 as ‘MRTP Act’ and Transfer of Property Act as ‘T P Act.’. Because, MOFA-Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, MAOA Maharashtra Apartment Ownership Act,1970, DCR-Development Control Regulations for Greater Bombay, 1991 & MRTP Act-Maharashtra Apartment Ownership Act,1970 was referred 55, 7, 7 & 3 times respectively. Accordingly, it is not likely to be applicable in the case of CGEWHO’s Chennai (Phase-II) Project.
e) That the sale, management, Development Control Regulation for any residential project is regulated and governed by the prevalent State Apartment Owners Act. In this case, it will definitely come under ambit of The Tamil Nadu Apartment Ownership Act, 1994.
3. Thus, CGEWHO is unable to allot numbered parking space(s) under stilts for cars (CCP) FREE OF COST as proposed by few beneficiaries to CGEWHO with a copy to other beneficiaries. The cost of Car parking space under stilt has reviewed by the Technical Directorate and it is remain unaltered as Rs.1.50 lakh each payable at the time calling 6th & final Installment only.
4. Compensation for inordinate delay in handing over possession of Dwelling Unit :
One of the beneficiary of CGEWHO’s Chennai (Phase-II) Project has filed a case before the Hon’ble District Consumers Forum, the Judgment of case has not been delivered in writing as on date to us. Under the circumstances stated above, we are not in a position to offer any compensation package to each beneficiary. Moreover, the decision may be challenged in the higher forum under Consumer Protection Act.
5. It is reiterated that project is likely to be completed in Month of Aug.2011. Thereafter, the final call-up notice will be sent as per rules of CGEWHO and possession will be handed over on first come first serve basis, after completing the documentation and payment.
Yours faithfully,
M K Maity
Deputy Director (Administration)
For Chief Executive Officer
source-Central Government Employees Welfare Housing Organisation
Original pdf-http://www.cgewho.nic.in/CN_P_L2.pdf
ORDER/JUDGEMENT-http://www.cgewho.nic.in/SC_NLPL1.pdf