1. Unfortunately the real estate sector in this area is mushrooming like anything and present political dispensation is keeping a blind eye to this.

2. However fortunately the judiciary is working overtime to give relief to various aggrieved consumers like you.

3. Your case squarely falls under the category of deficiency of service and unfair trade practices.

4. So you are not only eligible for cost of deficit area but for change of suitable parking lot as well along with adequate compensation and damages.

5. We have been giving reliefs of similar nature to aggrieved consumers of Kolkata and adjoining areas.

So if you need my assistance in redressing your grievances on the aforesaid line, feel free to contact.

Seasons greetings.

1)builder cannot sell car parking slots

2) car parking space forms part of common areas for benfit of all flat owners

3)builder can allot car parking slots .

4) inform the builder in writing that slot allotted for parking of car is not sufficent to park any car

5) request him to al,lot another slot

6) if builder refuses file complaint against builder for deficency in services and seek refund of Rs 4.26 lakhs paid by you with interest

file RTI application with muncipal corporation and obatin copies of plans sanctioned for parkling slots

Parking spaces can usually be a space delineated by road surface markings. The automobile fits inside the space, either by parallel parking, perpendicular parking or angled parking.

Supreme court ruling on parking space says that the builder or the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat,

In your case the builder has cleverly sold the parking space for an amount without showing this parking space separately in the registered sale deed, therefore he can absolve himself from the liabilities even if you approach court.

His oral promises will not stand a ground against him in the court of law.

The cost of parking for residential and commercial units is often passed on to the occupants indirectly through the rent or purchase price ("bundled") rather than directly through a separate charge.

Supreme Court has ruled out only the option of buying and selling parking separately as real-estate. It has not ruled out other options.

The Supreme Court ruling means that the developers of residential apartments or commercial buildings must hand the parking areas over to the management organisation (such as the 'housing society'

As you have purchased the parking by a sale deed, it becomes your own private property like the flat, whereas you are actually entitled for a parking in the open parking space too and you can claim rights for parking your car, but it can be after a society is formed. If the management committee of the society is refusing or not inclining to your request you may resort to legal action.

Now you may not have any action against the builder because at this stage he may, due to your pressure may manipulate the parking space and allot you another one which may have some other draw backs too.

But for any legal action against the builder on this, you have to consider all the technical and legal points as per the recital in the registered sale deed in this regard for initiating any action to get a relief on this. .

This is a case of breach of contractual obligations by the developer, so at first issue him a lawyer's notice asking him to make amends by delivering the promised parking space, and if the lawyer's notice also turns out to be futile then you can sue him for deficiency of service in the consumer forum to claim the parking space with compensation for mental agony.

1. Understand that the builder has sent you an allotment letter duly allotting 120 sq.ft area of car parking.

2. As per supreme court order, the car parking area should be of 150 sq.ft.

3. Understand that the area available from the said allotment is actually 78 Sq.Ft.

4. You should file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming allotment of 150 sq.ft of car parking area for which he has already taken the consideration along with the flat before which he should not sell off any of his flat including car parking area. if he can not allot the said area, he should refund you an amount which will be required to buy same area of car parking space just adjusant to your flat with damage, interest and cost.