• Stilt/podium parking in flat

Hi I am Visual Bhamre I have got the possession of My flat on March 2013 in Thane area in Maharashtra.  I have some disputes with promoter
Promoter has given me the possession of flat but till date he has not given me my allotted parking.
I have purchased a parking and also it is mention in agreement of flat. Agreement clearly states that " Podium/stilt parking space 161"
Now builder is giving only covered parking not stilt or podium which is denied by me same is the case for other members
We are in doubt that promoter is selling my stilt parking space to others 
I request you to guide me how to tackle with situation & what are the legal options available with me
Asked 2 years ago in Property Law from Thane, Maharashtra
Hello,
1) If the agreement says that Podium/stilt parking space 161 is allotted to you you it is your right to get the same.

2) If he is providing you covered parking and if that is not acceptable to you as an alternate parking solution, you need to take legal steps against the builder/promoter.

3) As you mentioned it is possible that the builder is double dealing and selling the stilt parking to someone else at a higher rate.

4) You need to send a legal notice to the builder demanding the allotted/purchased stilt parking to be made available to you.

5) If the builder does not comply you can approach the District Consumer Forum for deficiency of service as the builder is a service provider.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. Has the sale deed been registered?

2. Do not agree to register the sale deed if  " Podium/stilt parking space 161" is not mentioned as the car parking in the said sale Deed,

3. Send him legal notice in this connection specifying a period to comply with the agred term,

4. If he fails, file a complaint case before your local District Consumer Dispute redressal Forum alleging deficiency in service and unfair business practice claiming registration of your flat including  " Podium/stilt parking space 161", damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi, in the agreement it is clearly stated that Podium/stilt parking space 161 then it is the duty of the Promoter to execute the sale deed along with podium/stilt parking space 161.

2. If the promoter refused to allot the above car parking space then issue a legal notice for register the sale deed along with above mentioned parking space.

3. If the promoter failed to company the same then file a complaint under district forum for deficiency of service.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) please not that builder cannot sell car parking slots to flat owners . 

2) SC has clearly stated that car parking slots form part of common area and builder cannot sell the same . 

3) if you have paid for stilt car parking slot and your agreement mentions that stilt car parking slot has been alloted to you then you are entitled to said slot . 

4) you can file RTI application with TMC  to find plans approved by muncipial  corporation for parking slots . 

5)if builder refuses to allot you parking slot as per agreement you can move consumer forum against builder for deficiency in service
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) refuse to bow down to builder  demands . if your parking space is shown in building plan dont accept alternate slot . 

2)your agreement mentions you are entitled to stlit car parking slot no 161 . if builder has now  constructed generator on said slot he has to give you alternate stilt car parking slots . 

3) even if builder has political support he cannot violate provisions of agreement signed with flat owners . 

4) if he refuses to relent move consumer forum against builder and seek parking slot 161 mentioned in agreement or alternative stilt car parking slot
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. You have the agreement for sale wherein the details of the property you are buying has been clearly mentioned,

2. You have paid according to the payment terms mentioned in the said Agreement for Sale,

3. The builder also shall have to convey you the same property including the " Podium/stilt parking space 161" as has been mentioned in the Agreement for Sale both of you have signed,

4. File a consumer complaint before the consumer forum as has been suggested in my earlier post,

5. Do not be worried about his political clout or access to lawyers since the law is in your favour,

6. You shall have to just ensure that your case is being attended properly and your lawyer is under watch.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The parking slots cannot be sold by the builder. This is an illegal practice which the Supreme Court has come down heavily on.

2. If the builder has allotted you a specific parking slot and it has been mentioned in your agreement then you alone are entitled to it.

3. If the builder does not allot you the parking slot then you can move to the consumer forum and seek damages from the builder for deficiency in service.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. As per the agreement you are entitled to the parking slot no.161. The builder is bound to honour the agreement.

2. Move to consumer forum against the builder. Political clout does not work in the courts. You will get an absolutely free and fair hearing in the court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
written agreement shall exclude all evidences, such agreement itself state the facts. so you no need to collect any other evidence. if map is given in the agreement then builder is bound by the agreement. it basic principle of the law of contract that if party want to change in the term of contract then he is liable to bear expense or loss other he shall be liable to pay damages caused by his act. if you pay additional fee for covered parking then you can get deference of the payment paid in this regard from the builder by filing suit.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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