I Vishal Bhamre asked the question regarding stilt/podium parking previously but I would like to brief once again. MY flat is Thane municipal corporation area I purchased a flat with podium parking & got the possession in March 2013 but till date I did not get my allotted parking. My sale deed agreement & registration receipt clearly stated that "stilt/podium parking space number 161" & annexure attached with sale deed agreement shown parking space which is outside of podium. Now at my parking space builder has constructed the electricity generator & just by distance of 1.5 below generator there is underground water tank which was covered with paver block. Now the builder is telling me that my parking is not stilt parking its a open parking which is above the tank but I actually paid 2lacs rupees for podium parking & which is clearly mention in agreement As per Mr Ajay Sethi's guidance I have collected the Approved documents from TMC that building layout & podium parking layout plan. There is some mismatches in approved layout & construction. building layout plan have not indicated any location of electricity generator & also no Parking is indicated in front of generator above underground tank, stilt parking on ground floor below the building is indicated on layout. No parking number is shown in podium parking number layout. 1)My claim is that I should get the parking in Podium as per the registration documents & of my choice in Podium as the builder has constructed a generator at my allotted space but he is not accepting the fact or he should construct a stilt parking as per annexure & meanwhile he should allot me a parking in podium temperory. 2)I read some judgments about parking by consumer forum that parking layout must indicate parking numbers is it true? 3)is it necessary to indicate Electricity generators & parking spaces in building layout? 4) is it necessary to indicate allotted parking space number in layout 5)builder has fixed meeting with me on 21 march 2015 parking issue so what should be my step to claim my parking please brief 6) if builder denies what should be immediate way of action. 7) can i claim for compensation for delay in handover of parking
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Lawyers are available now to answer your questions.
1. The builder is bound to provide yous space as per the sale agreement/sale deed. if that is not feasible then alternative suitable space is to be given.
2.In all the sanctioned building the space for parking space always mentions the number of it.
3.Yes, absolutely.
4.Yes, absolutely.
5. Ask for the same lot or any other suitable space.
6. tHEN MOVE TO CONSUMER FORUM.
7. Yes, the consumer case you can claim for the same.
1) builder is bound to honour his commitments made in registered sale deed
2) as per sale deed you have been allotted stilt car parking slot
3) since builder has placed electricity generator obviously you cannot be allotted said car parking slot
4) in your meeting you should ask the builder to refund money collected for stilt car parking slot .
5) charges for open parking slot cannot obviously be Rs 2 lakhs
6)please note as per SC judgement builder has no powers to sell car parking slot . it forms part of common areas of society
7) if builder refuses to refund Rs 2 lakhs move consumer forum against builder and seek refund of Rs 2 lakhs with interest . also seek compensation for mental torture undergone by you
Hi, if the builder is refuse to allot the parking space as stated in the agreement then you don't have remedy file a consumer complaint against the builder as he not allotted the parking space as per the terms of the agreement as there is a deficiency of service on part of the Builder.
1. You have registered a Sale Deed wherein the schedule of the property you purchased by paying money has been clearly specified, You are the owner of the parking space at the podium as has ben mentioned in the registered Sale Deed,
2. I have not come accross any such judgement. Rather I am aware of a judgement by Supreme Court clearly mentioning that car parking space should be 150 Sq.Ft.,
3. Yes, the building plan should have all details of use of every sq.ft. of the area,
4. Not necessary,
5. You insist that you should be given space for parking your car inside the podium,
6. If the builder denies you the said parking space, you can approach the consumer forum,
7. Yes, you can certainly claim compensation for the said delay in handing over the parking space to you. .
I met the builder on 21st March 2015 he is asking for one more week to resolve the issue but as per his approach he wants to prolong the issue. As per conversation with other members he has started allotted parking to the other members in podium so I will not get my preferred location. I have decided first to intimate him legally with proper notice to him & if he still denies then move to consumer forum. 1) What is procedure of a legal notice 2) Agreement of sale, overall building layout, parking layout plan all these documents i got through RTI what are other documents of required as evidences please brief 3) Which are the laws & rules of town planning department I should add in notice to intimate builder 4) What is the procedure of approach to consumer forum 5) Can i add other points in case such delay in possession of flat, not providing the amenities shown in advertisement after two years of possession of flat 6) can i claim lawyer fees as a compensation.
1) you have to contact a local lawyer .
2) he will draft legal notice in consultation with you
3) if builder fails to redress your grievances you can file complaint with consumer forum
4) in said complaint seek allotment of car parking slot , interest for delay in delivery of possession and also direction to builder to provide amenities listed in brochure furnished by him
5) you can claim costs but consumer forum generally award nominal costs
1. It will be better if you contact a local lawyer for sending the legal notice,
2. Collect the sanctioned copy of the building layout plan i.e. there should be the stamp of the municipal autorty evidencing it's sanction,
3. Your main grievance should be that the builder has not allotted you the parking space as agreed in writing as per the sale agreement and also that he is altering his construction which is not as per the sanctioned building plan,
4. Though you are allowed to file an application before the Cosumer Forum yourself, i will suggest you to engage a local lawyer having expertise in this field,
5. Yes, your complaint shall be for deficiency in service and unfair business practice and claim should be for compliance of the agreed terms, damages and cost,
6. Yes, that is called cost. It includes legal cost also.