• Unfair parking space allocated

Dear Sir,

I would like to know your opinion on my current situation where is there any scope to challenge my builder legally or how I can ask my builder to consider my case since as of now he refuse to do anything.

Problem : While selling the apartment I was told that I will get a parking sufficient for a 4 and 2 wheeler but when I got my parking it has only space for 4 wheeler. I got to builder but now they ask to show them if they have given anything in written which I don't have. My problem could have been easily solved since my parking is between two basement pillars and it has ample amount of space but they have marked so unfairly that I can only park a car but other guys has extra space of another car ( It is like they have extra space next to their marking ) now if I try to park there my 2 wheeler other owner ask me to remove since that extra space is next to his parking so it belongs him.
Builder ask me to search any dead spot and park if that is taken park somewhere else. If builder could have divided that space equally we both have ample space.
I also noticed that they have not allotted parking in a pattern so most likely they are favoring some folks.

My question is : Being an owner I should have or other's should have equal space allotted.
They sold me car parking , is this legal ? ( I have that in my break up )
They have favored some folks I don't have evidence but parking allotment is not in order.
While selling they told enough space for 2 and 4 wheeler now they are showing agreement of only 4 wheeler.
They are also not ready to re-draw the marking of parking space.

please guide me.

Thanks in advance.
Virendra
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

8 Answers

Builder cannot sell car parking slots

He can merely allot car slots

Complain to consumer forum against builder and seek allotment of equal car parking slot

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

1. Well, the absence of any written clause makes your task difficult.Had there been a written agreement of deed then you could have asked for your right legally.

2.Now only becuase some other flat owners have incidentally extra space does not make your case anything special.

3.There is no way you cna enforce their verbal commitment.

4.if you wish you can use the extra space for parking your 2wheeler.

5.Builder is not bound to draw lots for another time.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

SC has held that builder cannot sell car parking slot as it forms part of common area for benefit of all members

2) in your legal notice mention that builder has illegally collected Rs 3 lakhs from sale of car parking slots

3) mention that builder can mere ly allot car parking slots not sell

4) seek refund of money paid by you

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

If I correctly remember from your previous query the allottment was done many years beofre and sicne then all the flat owners are suing their respective parking spaces.

in that even you have waived your right to oppose the allottment if the same is inequitable.

Now nothing can be done through legal recourse as your actions are time barred.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Hello,

The current rule restricts builders from selling the parking space, but it also gives them the power to allot it. In other words, one cannot utilize the space unless it is allotted to him by the builder.

You can include the points like non fulfillment of promise, deficiency etc in the legal notice and then can also try and file a case in the consume forum. though the said filing of the case will not prove to be fruitful, but you may prefer a case in order to built pressure, so that he may come and compromise.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

-Parking space cannot be sold as an individual unit. Thus, if this parking was sold to you as an individual unit rather than a proportion in the common area and it's boundaries were marked and area was also earmarked, such selling of this space is illegal

-However, a builder is entitled to charge for common area from each of the flay buyer in proportion to the carpet area of the flat.

-Send a legal notice through an able lawyer and incorporate all the points.

-If your grievances remains un-adressed despite the notice, approach the consumer forum.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

My question is : Being an owner I should have or other's should have equal space allotted.

They sold me car parking , is this legal ? ( I have that in my break up )

They have favored some folks I don't have evidence but parking allotment is not in order.

While selling they told enough space for 2 and 4 wheeler now they are showing agreement of only 4 wheeler.

They are also not ready to re-draw the marking of parking space.

In a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities. A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.he Maharashtra Apartment Ownership Act, 1970 does define `common areas and facilities' in Section 3(f). The Court, while referring to it, said that just like it is unreasonable that a developer cannot take common passage/lobbies or staircases out of the purview of `common areas and facilities', it is unreasonable to say that parking spaces do not fall under `common areas and facilities'. It is not necessary that all flat purchasers must actually use `common areas and facilities' in its entirety.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Is there any point on which I can make a point and negotiate with builder to consider my case ? Or if builder doesn't agree I can go to consumer court to challenge them legally

You can talk to the builder about this, let him give a reply orally expressing his inability to provide you the parking space or re-adjust your parking space as he had done to others.

You can issue a legal notice to him regarding the cramped parking space allotted to you which is very difficult to park your four wheeler comfortably hence to remark or re-organise the space to feel you safe and secured while parking your four wheeler, dont mention about the two wheeler parking since it is not available in the sale agreement.

Is car parking sell is legal or not ? ( is that rule is applicable over whole India or it is state specific )

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.

In the words of the Court : “The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer