• Developer charging more for car parking

Developer and I agreed to pay 10 lac for flat and 2 lac for car park. In agreement also he said the same and I signed in. Now he is saying all the money is only for flat and car park is extra and he is threatening to charge 30% interest if I do not pay all money within 7 days of his 'final reminder'. What I can do to not loose money for car park which he charged.
Asked 2 years ago in Property Law from Kolkata, West Bengal
You can send a Legal Notice to the Developer to comply the Agreement,failing which you can file a case in District Consumer Forum for deficiency of service and unfair trade practice.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
good advice
K. Mohan Kumar
Advocate, Chennai
10 Answers
8 Consultations
3.8 on 5.0
builder cannot sell car parking slot . it forms part of common area and cannot be sold by the builder . you have paid 12 lakhs as per agreement . if builder is refusing to togive possession of flat move consumer forum against builder for deficency in service
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
give legal notice and file case in consumer forum
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Don't buy Parking space. Only buy flat. Parking space is considered common area and builder cant sell it to any particular flat owner.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
If you don't have any proof for having paid for car park then it is difficult to prove your case in court.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Provide details of the agreement being executed between you and the said Developer pertaining to purchase of a flat and car parking space.

The brief you have narrated with regard to demand of 30% interests by the Developer within 7 days w.e.f the date of their Final Reminder does not clarify the status of involved dispute between you. But, if it is so, it is a very good Consumer case. 

My advise is that please send me further details to enable me to extend my appropriate legal advise and solution to you.

No Developer can adopt such an unfair trade practice and if it is so, it attracts the legal provisions laid under the Consumer Protection Act, 1986 through which you, being the purchaser of flat and car parking are well covered.

So, I reiterate my demand of all relative details and I assure you for proper advise for the needful action from your end as against said illegal demand of 30% interests, if so; by the Developer, despite having received the payment as agreed upon in lieu of said flat and car parking space.
Shivesh Sinha
Advocate, Bangalore
9 Answers
7 Consultations
4.1 on 5.0
if it is written in agreement it can be
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
30%interest is usurious . agreement executed is completely one sided . if   builder deducts 30%issue legal notice and move consumer forum against builder for deficiency in service . 

if builder refuses to refund money move consumer forum for refund with interest and also compensation against the builder .
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
A builder cannot sell parking areas as independent units as these areas are to be extended as “common areas and facilities” for the owners. The developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat. So the developers/promoters/builders cannot retain or sell such parking spaces separately since they are included in the common areas.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Charging 30% interest is despotic to say the least. Any such clause in the agreement which allows charging interest@ 30% is illegal. Issue a lawyer's notice for refund of money. If builder refuses to comply with it then move to court for recovery of the amount along with monetary damages.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
pan card copy will be ok
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
pan card copy i mean that a copy that you applied for it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
. basically it is your call . do you want the flat or not ? if you want the flat then pay builder take possession of flat . if you want refund take money offered under protest and sue to recover balance amount
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
PAN card is required for registration of agreement . get your agreement registered if you want to buy the flat
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
PAN card is required for registration.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
if in sale deed consideration is mentioned as Rs 12 lakhs you will be paying stamp duty on Rs 12 lakhs
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
I have perused your both the posts above.

You have asked my legal advises in response to your following two doubts :-

(a) Developer charging more for car parking 
        
                            AND 

(b) IS PAN card an absolute requirement or passport will suffice as ID for registration of your booked flat & car parking ?

In response, I reiterate that no Builders can sale out any parking space whether covered or stilt. But, your problem is related with quantum of the payment, which is to be confirmed through the relative agreement, being executed by you both inclusive of your builders and under such fact & circumstance said agreement and payments detail made so far by you are to be examined by me for extending my appropriate advise and accordingly the same may be forwarded to me for examining it. Further, with regard to registration of flat both said documents are equally valid as ID proof.

Thanks,

SHIVESH SINHA
Shivesh Sinha
Advocate, Bangalore
9 Answers
7 Consultations
4.1 on 5.0
Tax is computed with reference to the amount at which the property is bought. So 12 lacs is the amount at which stamp duty is payable.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

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