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.

good advice

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

give legal notice and file case in consumer forum

Don't buy Parking space. Only buy flat. Parking space is considered common area and builder cant sell it to any particular flat owner.

If you don't have any proof for having paid for car park then it is difficult to prove your case in court.

thanks for your appreciation

my pleasure

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.

if it is written in agreement it can be

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 .

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.

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.

pan card copy will be ok

pan card copy i mean that a copy that you applied for it

. 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

PAN card is required for registration of agreement . get your agreement registered if you want to buy the flat

pleasure

thanks for your appreciation

PAN card is required for registration.

if in sale deed consideration is mentioned as Rs 12 lakhs you will be paying stamp duty on Rs 12 lakhs

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

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.