• Not availed/allot car parking while purchase flat now builder not allow to park car near boundary

I have purchased at flat 10 days ago, still society is not formed, I have not paid for parking and hence builder had not allotted parking space, but as per my knowledge I can use open car parking but now suddenly builders facility team had announced that who had not allocated parking can not enter to the society and they have to manage to park their vehicle outside the society. what should I do? I tried to contact sales team of builder but they are not responding. and pressurizing to pay for car parking. 
Kindly advice
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

It has been held in number of cases that Builder cannot allot Parking Spaces to flat Purchasers as Parking spaces are property of the Society and only Society can allot Parking Spaces to its Members, therefore any allotment by Developer is illegal and can be cancelled by Society

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

pay for car parking slot by cheque

2) obtain receipt for payment made

3)then file complaint against builder before consumer forum seek refund of money paid by you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

You may only claim open parking if there is a clause with regards to the same. However, for this arbitrary action of the builder you may go to the consumer forum for unlawful practices against the benefits of the consumer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Court proceedings will take time but that is the only option.

However, you may approach the police and tell them that parking vehicle outside is a threat to the vehicle and as such builder be directed to allow car parking inside the apartment. Go ahead and see if this works for you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Car parking lots i the open, form a stack of the common area in the society. All the residents have common and undivided in interest in these open car park slots.

The builder is acting illegally in not allowing you to park your car inside the partment complex/.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Send a legal notice to your builder in the present matter.

In case the above legal fails to help, file a case in RERA against him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. is this project coming under RERA?

2. is completion certificate or occupancy certificate received for the project?

3. if CC/OC is received then builder has no business to deal in car parks, be it covered or open

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

parking slots form part of common areas for benefit of all members

2) file police complaint if you are not allowed to park your car inside the complex

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir the common area cannot be sold by the builder and you have undivided share in the same the builder cannot force you to keep car outside or purchase car parking

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File an application before the consumer court and seek interim relief on the issue from the forum till the pend ency of complaint you can be allowed to keep car inside. Further court can decide it on merits which will take time,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

Case in front of consumer forum is best solution, but before this you may

send legal notice to builder about this issue, it's a chance that he allowed

your vehicle and other option is file police complaint against him.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

This is my response to you:

1. The builder should have handed over the management to society;

2. Send him a legal notice;

3. Negotiate with him and try to get a parking space;

4. If he still does not respond then file a complaint in consumer forum;

5. Consult a local lawyer and take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi,

Instantly you may send one legal notice and then file the case for declaration/injunction against builder.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Don't pay for car parking, if they still demand then you can ask them to execute a registered car parking space upon which you can approach cooperative court or consumer forum for relief and remedy.

You can park your car inside itself.let them throw you out, you can lodge a criminal complaint against them

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can file a complaint with the consumer forum and a criminal complaint against the arrogant and ruly people.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Sor since the open parking is common area by default as undivided share of all the member the developer cannot sale it . The society can allot it to its members . If society is formed file an application before society tk allot the parking and further in case it refuse for allotment of parking consumer court can be approached or if RERA registered complaint before RERA authority.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Clauses in sale deed cannot dis entitle you to park car in common areas

Said clauses are arbitrary, one sided and unsustainable

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

It becomes the duty of the builder to allot car parking to each flat buyer.

The conditions in the sale agreement to not to allot you parking space since you have not paid for it is not maintainable.

The parking space comes under common area and it will be administered by the society once the builder hands over the premises to the society.

You can raise this issue with the society also or can drag them to the consumer forum to redress your grievance on this subject.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You may procced against the developer.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

As advise approach the consumer forum.

Contact a lawyer with entire set of documents and he will tell you how to deal with the situation.

Also, till then you may approach the police.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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