Hi, I booked a flat in an under construction society last year,, at the time of booking I didn't opt for car parking as I was told it was optional, Now recently the builder has started offering possession and is forcing buyers to buy parking at a cost of around 3 lacs, which they say needs to be paid along with any other pending payment... They are citing that it is a directive from GDA (Ghaziabad Development Authority) but so far they have not presented any documentation to this effect... Now I have following queries : 1) Is there any such ruling passed by GDA? 2) Can the builder force to buy parking even if I don't need it. 3) What should be my course of action?
1. As per the decision of the supreme court the builder can't claim extra amount for stilt parking as the same is part of the common area.
2. So you can opt for parking space without additional payment.
3. Accordingly the builder can't force you to buy the same with extra costs.
If builder causes dispute on this you may consider filing case before the consumer forum.
1) ask builder to furnish copy of ruling issued by GDA
2) SC has held that car parking slots form part of common areas for benefit of all members and that builder cannot sell car parking slots
3) builder cannot force you to buy car parking slot
4) refuse to purchase parking slot
You can get full information from the Ghaziabad Development Authority about such notification. If is there any ruling then it is required to be published in the newspaper. You can also get information by filing RTI. Builder cannot force to buy parking because parking is optional amenity provided by the Builder on payment. In this condition you may refuse to pay anything and move an application before the chairman of Ghaziabad Development Authority. If parking is optional in the site plan which is approved by the Ghaziabad Development Authority then builder at later stage cannot change it and force you to purchase the party.
1) Not to the best of my knowledge, except the provisions regarding parking in group housing projects contained in the development bylaws.
2) No. That's because parking slot cannot be sold individually, as a separate real estate unit. Parking, either in open, stilt or basement, is deemed to be a common space, where none can have an exclusive lien.
3) You don't have to pay this additional 3lacs. Incase there's some trouble, you may approach the RERA/consumer forum.
Supreme court has clearly held that the car parking area can not be sold by the builder as the same forms the part of the common area; please ask the builder to provide the copy of such judgment as claimed by him.
Builder can not force you to purchase, if the builder creates further issue file the case in the consumer forum.
Regards
Hi, you can find out such ruling through RTI .. If any such ruling is not found , you can complaint before consumer forum .. Generally builder has to provide parking for every flat/unit , so there are chances that it is mandatory to buy a parking along with flat ..
1. The builder is cheating you by mentioning the non-existent rule or law in this regard.
Actually the builder cannot sell the car parking as a separate unit.
It is the duty of the builder to provide car parking space to the apartments/flats of the complex.
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.
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.
2. The builder cannot force the buyer to buy the car parking space too.
3. You can refuse and ask him to produce the said relevant rules before you which makes it compulsory to buy the parking space separately
