• Parking space

Dear Sir

 I have brought flat in hero realty, Haridwar 3 years back and I have not opted for any parking at that time not covered or open. At that time their sales personal said that for not opted parking resident, they can park their vehicle on apartment roads. But this is not in papers.
Also their is no compulsory of parking . but now after 4 years, they are putting pressure from last month's to either take covered parking 2.5 lacs or pay rent 1200/month . This is much higher amount for medium class people, many of people like us are in shock. Also all open parking areas are full and charges for them are 1.5 lac.

So can they charge me like this ,is this legal as before parking is not made compulsory by them. Now they are saying that u are not allowed to park your vehicles on roads.
But when we asking them to give us in written that after 3 years of registry ,we are not allowed to park our vehicles , they are not giving in written.

Also in talking , they have not even sufficient parking slots available not even 1 parking per flats.
So can we go to court or some other legal help we can get.
Thanks
Sumit Sharma
Haridwar, Uttarakhand
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

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13 Answers

1) builder can only allot car parking slot

2) he cannot sell car parking slots as it firms part of common area for benefit of all members

3) refuse to pay Rs 2.50 lakhs demanded by builder

4) seek orders to direct builder to allot you car parking slot

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) There should be free open parking slot for general parking and as per supreme court's resolution the parking is not compulsory. And Builder can't charge for parking area any amount.

You can refer below case of Supreme Court

Supreme Court of India

Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd on 31 August, 2010

Author: R Lodha

Bench: R.M. Lodha, A.K. Patnaik

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can file a complaint before consumer forum for deficiency of services and breach of agreed terms on time of sale as at that point of time it was agreed to provide space in common area if no individual parking is required than in that case now for extorting money they cannot make it compulsory.

All you can take a restrain order for selling and charging money in common area from civil court

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As per Supreme court judgement the builder can't sell parking now. Even he can't compel you to purchase parking.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Since you must be already contributing towards the maintenance, they cannot charge separately for availing car park facility.

Parking in the basement, stilt floor and open, comes within the common spaces of the society/RWA.

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

Drag him to the Consumer Forum if the legal notice fails to help.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Refuse to give them the said amount

If they pass any order in written then move to the consumer forum at the earliest

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File a declaratory suit. I may have to see your contract if it talks about the compulsory parking. Send them a legal notice.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

Yes the consumer court shall he the best forum for remedy and early disposal .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you can definitely file a complaint in the consumer forum

Before that send a legal notice to him

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file complaint against builder before consumer forum and seek orders to direct builder to allot you parking slot

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.

Open Parking – These are uncovered parking spots within the apartment complex premises.

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

The typical parking charges are laid down by the general body. They may range from Rs. 10 to Rs. 10,000 per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

So can we file complaint in consumer court regarding parking space.

Before planning to initiate any legal action, you may go through the bye laws of the association in this regard.

If you find ther is any violation by the association in this regard, you may first issue a legal notice demanding reliefs,if you dont any, then you may plan to approach consumer forum for relief, remedy and compensation for the mental tortures as well.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Yes, after you send a legal notice, file a consumer complaint.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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