• Property possession is not happening due to dispute on parking place

I have purchased Flat with the parking place fee as well. At the time of possession, now builders is giving the place which is not adequate for parking 4 wheedlers and they are forcing us to adjust with this.Where in they are keeping the good parking place for the flats, which are yet to be sold. Due to this since from 7 months discussion with them is happening to have negotiation mutually, which is not happening after several meetings. What to do as we have signed the passion letter but not able to shift due to the parking place issue?
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

File complaint against builder before consumer forum and seek orders to direct builder to provide parking slot for parking of car

2) mention that slot offered is not sufficient to park the car

3) ) 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

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

Size of parking slot is provided in development control regulations

As per national building code car parking slot should not be less than 13.75 so metres

3) CDMA regulation were mentioned for purpose of reference

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

Dear Querist

immediately issue a legal notice to builder and claim your parking as per your agreement executed between you and builder, if the builder is not ready to give you your parking space as per agreement then you may file a complaint before Consumer Court or before civil court and claim your parking space along with the compensation and litigation expenses.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

According to the building byelaws and the national building code, the dimensions for a parking slot are fixed. Builder can't offer you any space lesser than the ones prescribed in the byelaws.

The standard dimension of a parking slot, is 2.5 x 6-6.5 metres.

Send a Legal Notice to your builder and seek forthwith redressal of your grievances. Approach the consumer forum incase the Legal Notice fails to help.

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

Send a legal notice to the builder.

if he after receiving the notice also does not reply to the grievances then move to the consumer forum

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

You can move to the consumer forum for deficiency in services and unfair trade practices.

Claim damages for mental harassment and the legal fee.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

You could reach out to me via kaanoon

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

Hi, first you should take the posession of the flat and then can approach consumer forum for filing a complaint against the builder for compensation

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Sir please send legal notice .... then proceed to file cconsumer.forum automatically the builder will provide you place to protect his reputation...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

you send a legal notice to the builder mentioning the issues as deficiency of service and lodge a complain to state RERA authority along with consumer forum.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Selling of parking space is illegal and the builder cannot sell this parking space as a separate unit.

The parking space is common area and it belongs to the society to be formed after wards.

If the builds is refusing to allot you proper parking space you ma issue a legal notice to him stating that the selling of parking space is illegal however since he has received money then it becomes his duty to provide proper parking space other than the cramped space allotted to you.

You can warn him tht failing to comply with the requirement demanded, you may approach appropriate authorities including consumer forum against him

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

Please read passion letter as "Possession Letter".

You have to resort to the legal steps for this against the builder.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

CMDA regulations? I stay in Bangalore(Karnataka). How come Chennai Metropolitan Development Authority is applicable in my issue?

The CMDA rules will not apply to your situation.

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.

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.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

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