STP supports ECOA's claim to shut Volvo car showroom in Gurgaon

GURGAON: The senior town planner (STP) upheld the claim of Exotica Condominium Owners' Association (ECOA) that a car showroom could not occupy space meant for a convenience store. STP Kamal Kumar, in his reply submitted to the district court on Saturday, said the particular area in Parsvnath Exotica on Golf Course Road was earmarked for a convenience store for the residents and that the Department of Town and Country Planning would initiate action against the company for the violation.
Parsvnath sold the land for the convenience store to a private firm, GSA Internation, which later sold it to RS Business Solutions, which opened a showroom for luxury car maker Volvo in that space.

ECOA president Sanjay Bansal said a lawsuit was filed against RS Business Solutions on October 29 for non-payment of maintenance fees of Rs 5,43,087, as well as encroaching upon the condominium's common green belt. The green belt was allegedly used to park and display vehicles by the showroom. A separate exit road was also allegedly constructed next to the society exit gate, to make it appear as if the showroom was independent of the condominium.

Bansal alleged that the showroom is in complete violation of the terms of the licence agreement and provisions of Haryana Apartment Ownership Act, 1983, and Haryana Development and Regulation of Urban Areas Act, 1975. It also reportedly violates the sale and conveyance deeds, which state that the owner may not use the shop, or permit its use, for any illegal purpose or business which is likely to cause nuisance to the occupiers of flats and other shops in the society.

In his written response to the court, Kumar said, "A car showroom is not permitted in the area earmarked for a convenience store in the group housing complex. For this, action against private defendants (read RS Business Solutions) is being initiated by the district town planner concerned."

A spokesperson for RS Business Solutions said, "The matter is in court and we are waiting for a final decision, after which we will decide what to do. In the meantime, we are trying to work out a compromise with the flat-owners association."

Sunit Sachar, vice president, Parsvnath Developers, told TOI they had the right to sell the property. "We have sold the shop, meant to house a convenience store as approved by the group housing scheme, following all norms. But what they did with the shop after we sold it is not under our control," he said.

The next hearing on the matter is on January 14, 2015.