• Car parking allotted is not appropriate

Hi Sir,
I have been allotted car parking by builder, the parking allotted is not appropriate due to following reasons:
1. There is a pillar inside that parking marked, which is taking 2-3 feet space. There is hardly enough space to park the car comfortably;
2. Parking surface is not flat / leveled, there is a slop in the marking itself which makes the space inappropriate for parking;
3. The parking area has a water harvesting hole and the lid of the same is neither properly fit nor leveled into the hole but it simply have been kept on the hole because of which vehicle can’t be parked there and even if the lid is fixed properly, the water harvesting hole will anyhow be under my parking;
4. Half body of the car will be out of the parking space and will be covering the gallery space and possibility is there that somebody may hit my car.

I feel the parking should have been done on lottery basis. But the builder has allotted the parking as per his random choice. And I have been allotted the worst parking space. I have purchased the flat from Landlord share. This may be a reason for not giving me appropriate parking by builder since he has given all the good parking to his own clients.
Though Association have been formed. But association is not ready to take any responsibility for getting me an appropriate car parking space. 
Before asking my questions, I would like to mention few facts about the building, builder and association which are as follows:
1. The parking space number was not mentioned on the Registration documents of the apartment as there was no numbering done at the time of registration. 
2. The building has not obtained any OC till now.
3. The builder has not issued any possession letter till now but most of the people have already shifted and staying in the building.
4. Society has been formed but formally builder has not handed over anything to the society.
5. The builder is keeping good parking un-allotted and has not marked any number on them so that he can sell those with his unsold flat. 
Now my questions are as follows:
1. Is there any standard size for car parking to be allotted? Width of parking allotted to me is 2.45 meters.
2. Since the parking allotted to me does not have enough space to park a SUV like Fortuner because of the pillar coming in between as I mentioned above, is there any remedy available to me for getting a standard size parking?
3. How should I proceed with this legally? And If I hire a lawyer what will be the charges for that? I would prefer a lawyer who is in Bangalore only. And I would prefer lawyer with fixed charge which will not be taken in full in advance.
4. For proceedings legally what documents will be required?
5. What are the chances of getting the thing which is rightfully mine and the time involved in this?
6. If we go for filing suit, whether I can claim reimbursement of the lawyer fee from the builder?

I expect the answer point wise. Thank you in advance.
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

As per CMDA regulations, the minimum size of a car parking space is 2.5 m (8’2”) wide and 5 m (16’4”) long.

2) file complaint against builder before consumer forum and seek allottment of car parking slot as per development control regulations of your state

3) you can file RTI with muncipal corporation apply for and obtain plan for parking slots sanctioned by corporation

4)contact a local lawyer . legal fees vary depending upon lawyer engaged by you

5) you have good case on merits

6)you can claim litigation costs

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The car parking space is to be made as per the standards. The builder has to provide parking spaces. The law mandates the promoter to describe common areas and facilities in the advertisement as well as the `agreement' with the flat purchaser and if a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser.In your case the builder has not even handed over possession letter nor has provided OC hence occupying the flat without this wold mean that the owners have accepted the defects in the apartment complex including the defects in the flat itself.

You can represent your difficulties to park your vehicle in the space allotted to you hence you may be allotted with the space in a different place.

At the same time be prepared with the arms for waging a legal battle against the builder and the society in common for the difficulties you are facing including non-issue of OC or even possession letter.

The lawyer's fee cannot be predicted by another lawyer

If you file a case agaisnt the builder for the deficiency in service you have fair chances of getting the builder punished and making him to compensate suitably, provided your advocate takes up the matter properly and fights tooth and nail because the circumstances may not be in your favor as many people have started living in their respective flats without mothering of what is happening around including the non-procurement of OC.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. if parking space allotted is not fit then you have right to get fresh allotment or compensation (if no more parking space is available).

2. you should send a notice to the builder as well as the society and in general body meeting you may raise this question.

3. if no action will be done then you should approach the consumer forum for cancellation of parking space and return of money with interest.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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