• Facing car parking problem - builder is not giving open car parking to me

Dear Sir, 

I buy a flat in 2016 from Hero Group Pvt Ltd. Initially i was told that open car parking is free as per Supreme Court decision and is a part of common area and facilities and i can park my car outside my building premises. Since covered car parking was chargeable so i went for open car parking facility. Now they are allotting open car parking space to flat owners. When i approached to builder they are saying that i haven't choose any open /covered parking at the time of booking. Also they are denying to park my car and saying you can park your car only to dedicated space.
In this regard they i raised Query to customer care via verbally & email but they are not responding to my query.
I asked to builder as in Quote
"Please be noted that “ I had not opted covered car parking that clearly means I had chosen open car facility because I was told that covered car parking is chargeable.
As per Honorable Supreme Court Decision Open car parking is free and is a part of Common Area and facilities. Also kindly noted that I had already paid EDC & IDC charges for common area and facilities .
Now kindly give me point wise reply as :
• What is an open car parking means by Hero Group ?
• Is open car parking is chargeable other that EDC & IDC charges by Hero Group ?
• Is open car parking is not a part of Common Area and facilities ?
• Why open car parking slots is provided to other flat owners in Haridwar Green Project (pics of same attached) ? If it is facilities than it should be for all or Hero Group had charged for same.
• If it is facility than why it is not for me ?
• Is Hero group is selling flat without car parking option ? In that case where the owner can park their vehicle ? 
• Is Hero group given me flat without parking facility than where can I park my car ?
Presently I am parking my vehicle in Visitor parking Area” 
And builder replied to me as
"We would like to reiterate that you had not opted for any open/covered car parking space at the time of booking. Hence, if you want a dedicated parking space, we would request you to buy a covered parking space for yourself"
 
Regards
Bharat Bhushan
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

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7 Answers

builder cannot sell stilt car parking slots as it forms part of common area for benefit of all flat owners

2) request builder to allot car parking slot .

3) if he refuses file complaint before consumer forum and seek orders to direct builder to provide you parking slot

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

To Summarize, the Real Estate Regulation Act defines "Common Area" as iii) the common basements, terraces, parks, play areas, open parking areas and common storage spaces; Therefore, the common area cannot be part of the flad and it shall be undivided and free to use by the occupants.

Also, SC in Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd on 31 August, 2010 held " that open to the sky parking area or stilted portion usable as parking space is not `garage' within the meaning of Section 2(a-1) and, therefore, not sellable independently as a flat or along with a flat. As a matter of fact, insofar as the promoter is concerned, he is not put to any prejudice financially by treating open parking space/stilt parking space as part of `common areas' since he is entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.

Therefore, you are free to file a complaint before real estate regulatory authority or competent civil court and consumer court to get relief.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1) issue legal notice to builder to allot you open car parking slot

2) if he refuses file complaint against builder before consumer forum as advised herein above

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.

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.

The apartment complex “Solely” owns the common spaces (Stilt or Open)

The members DO NOT own these spaces

Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members

Registered members include family members and associate members

The option before you is that you can drag the builder to the consumer forum seeking relief of allotment of parking space.

Let the builder speak his rules before the court, you can challenge his version i.e., his own rules which are not acceptable as per the law of the land.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

I don't want covered car parking as it costs to me around Rs 2.5 Lac.

They are giving open car parking slot to other but not to me and also not replying where i can park my car.

What can i do now ?

You issue a legal notice to the builder ignoring the versions of customer care or anyone.

The customer care is not the authority to decide about the rules or law of the land in this regard.

You can issue a legal notice to the builder directly and send the same by registered post.

You can vent out all your grievances in this regard and seek relief as well as compensation for the mental tortures he has done to you in this regard.

After that if you dont get a proper response or a fruitful result you can drag him to consumer forum seeking releif and remedy including compensation for the mental agony

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Builder can't well parking spaces legally. Parking spaces along with common spaces cannot be sold by builders to the residents. Society is bound to provide you parking space. Even in Development control regulations builder is obligated to provide you parking space.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Send a legal notice to the builder for redressal of your grievances.

If he does not pays any heed to the legal notice, approach the consumer forum.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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