• Not providing parking slot

Sir/Madam,

Recently I’ve received possession notice from my builder mentioning that: 
1)	Builder have received CC. 
2)	All payment has to be made within 15 days
3)	Registration has to be done Within 21 days

Now, 
1)	They’ve (Builder) not send/uploaded CC anywhere
2)	(Builder) has not issued parking allotment letter/Parking slot no

Problem:
1)	Builder Will not provide parking slot no./parking allotment letter before registration
2)	Builder will not mention parking SLOT no/parking allotment no in DEED.

What I want:
1)	Parking allotment letter mentioning parking no before registration
2)	Parking no and area to be mentioned in DEED.

Please show me the solution at the earliest.



Please guide me.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

1. Sir builder can allot you parking but the parking if part of common area can be alloted and changed by society so if the association or socitey is formed by builder ask an allotment letter of parking .

2. Sir the parking cannot be sold so builder shall not mention same in the deed.

There are judgement from SC on the sale of parking so he cannot charge extra.and sale it so the parking shall be alloted to you after you are member.

It is better to ask for an allotment letter for parking. Also if after registration it is not alloted then you can file a consumer complaint and pray for allotment of space.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

if CC is received for the building then the builder cannot sell parking space

therefore he has not mentioned parking no. in sale deed

however many builders do mention that parking no. so and so has been allotted to buyer

the sale price for parking is included in sale price of the flat and sale price for parking is collected in cash from the buyer

you must get your document registered

dont halt it because builder has not provided allotment letter for parking or parking number

make the payment of parking space only simultaneously with the builder allotting you a letter specifying the parking slot number which has been allotted to you

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Cleint,

If parking is not included in sale deed and stamp duty paid on it, no ownership on parking any allotment by builder on letter head or agreement is of no use.

No flat shall be allot without parking spare, complain to RERA.

Get CC first if not issued than no payment, remedy under RERA.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you should make balance payment and take possession of flat

2) insist upon copy of OC

3) builder can only allot car parking slot and not sell car parking slot

4) you can insist that it be mentioned in registered sale deed

5) if builder refuses to execute regd sale deed complain to consumer forum against builder seek orders to direct builder to execute regd sale deed

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Clear case of cheating, Complain to RERA, No validity of allotment letter. You can file for performance of sale agreement but time consuming and litigation cost.

Complain to RERA and file criminal complain.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

has the builder separately mentioned the parking amount in the deed?

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

do not pay any amount for parking as there is no clause for it in main agreement.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Builder cannot sell car parking slots as it forms part of common area for benefit of all members

2)if it s included in sale agreement builder can include allotment of parking slot in sale deed

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1) If he had taken payment against parking slot by making an advertisement and same has been included in the "sale agreement" Now if Builder is not allotting parking area to you, than ask him to deduct the parking amount from balance payment and then make the payment to him and mentioned that clause in the sale deed.

2) We can provide you exact guidelines after reviewing the sale agreement and will guide you what changes should be made in the sale deed accordingly at very reasonable cost.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The parking number will not be mentioned in the deed however the Builder gives you in writing that picking number is yours in case there is deficiency in service you can move to consumer forum or state consumer dispute redressal Commission as the case may be but you need to get your property registered before you move to the forum although it is not compulsory to get your property registered are going into litigation against the Builder but if you can register your property it will be good otherwise the Builder may create some problems

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Ask for refund of the parking amount if the parking is not closed parking and is a slit parking and is in common area. Serve builder a legal notice if he fails or refuses file a consumer complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. The SC has held that builder cannot sell parking space;

2. The garage can be sold;

3. You can execute a separate deed to incorporate the parking area;

4. Make sure you notarize the MOU for parking;

5. Consult a local lawyer and then let him/her vet your documents and obtain the best legal opinion.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If the agreement between you and the builder it was mentioned that a parking slot will be provided and you have paid for the same then the builder has to mention the same in the sale deed.

Also it is your right to see the CC.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Send a legal notice to him and thereafter file a case in the consumer forum against the builder.

And do not get the registry done till the issue is resolved.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Builder cannot charge any money for parking space as has been categorically mentioned the supreme court judgement banning such activities of Builders As the parking space belong to the common area of the society and builder has no title to sell.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

As the Builder has wrongfully charged the parking charges from you and it is mentioned in the sale agreement, you should file police complaint against him for the offence of cheating and criminal breach of trust.

Also, complaint can be made to consumer court against the builder for deficiency of services and unfair trade practices adopted by him.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Problem:

1) Builder Will not provide parking slot no./parking allotment letter before registration

2) Builder will not mention parking SLOT no/parking allotment no in DEED.

What I want:

1) Parking allotment letter mentioning parking no before registration

2) Parking no and area to be mentioned in DEED.

Parking allotment Number need not be mentioned in the registered sale deed.

Actually when the association is formed at a later stage, the entire common areas including the parking spaces will come under the control of the association, then there are chances for shuffling the parking space as per the resolution passed in the association general body meeting.

An allotment letter stating the car parking allotted to you will be given on the company letter head at the time of possession. Prior to that once the parking layout comes in they would allot a single covered parking under the podium selected by you.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

I've paid for parking and Parking included in sale agreement. Now builder is not providing parking allotment before registration and not agree to mention parking no in DEED.

As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building. Section 2(a-1) of MOFA, "Flat" is defined to mean a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or go down or for carrying on any industry or business (and includes a garage), the premises forming part of a building and includes an apartment.

The supreme Court stated that while stilt area may be usable as a parking space but for the purposes of MOFA, such portion could not be treated as garage. For the purposes of MOFA, the term `garage' must be considered as would be understood by a flat purchaser and such person would contemplate garage which has a roof and wall on three sides.

stilt parking space' is not covered by the term `garage' much less a `flat' and it is part of common areas. The court said that stilt parking space/s being part of common areas, the only right that the promoter has is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither a `flat' nor a `garage' within the meaning of under Section 2(a-1) of MOFA, cannot be sold separately.

In the words of the Court : “The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.

The car parking is a part of the society's common area which cannot be sold. The developer has no right to charge for this space. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking.

Therefore it is not a surprise that the builder refuses to include the parking space in the sale deed.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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