I have purchased flat in RERA registered project without open car parking but some of the owners have registered their flats before RERA and paid for open parking space. now builder is asking me to park my vehicle in decided visitor parking area of cluster which is far away from my tower. On arguing builder informed that he can allot car park and open car park is for whom car parking slot allotted by him. can I fight him legally and park my vehicle near my tower parking space
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Sir you can seel allotment of parking from builder, if the society is formed same will allot the parking space.
If all the spaces are allowed then you can park in the alloted common area.
Further a consumer complaint can be filed for the allotment of parking if the builder refuses to do so. Or RERA authority can be approached.
1) Yes, you can file case on builder and park your car in open parking space.
File RTI application and find out how many parking slots have been sanctioned for your tower
2) how many flats in your tower
3)builder can allot car parking slots near your tower if there are parking slots available and cannot force you to park in visitor parking area
1. Make Application to local RERA authorities, against Builders decline to allot you a Parking space. Alternatively a grievance petition can be filed in the local Consumer Court.
2. It is illegal to Purchase /Sell Non-FSI Parking space, in any way.
Keep Smiling .... Hemant Agarwal
It all depends on what is mentioned in your sale agreement with the builder as regards the parking space.
The builder can not shift his stand from what he has mentioned in the sale agreement.
So if what he is asking you to do is not mentioned in the sale agreement he can not force you to do so.
In other words if he is not honoring the terms of the sale agreement you can file a case before the consumer forum seeking the reliefs as per agreement along with damages and compensation.
builder cannot sell open car park space
he can sell a garage or stilt parking or parking space in mechanic lift
builder cannot refuse you from parking your vehicle in open car park area
that open area has to ultimately be conveyed to society of flat buyers
you can challenge the builder's action
Hello,
Neither builder nor can you act against the terms given in the builder buyer agreement.
If the agreement gives you a right to have a parking then you can take it from him legally and if he is not giving you the same then you can approach the consumer forum.
If such right is not given in the BBA then you can not force him to give you the parking.
Regards
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
An apartment cannot be sold out without department if there is no parking allotment the consideration you paid then you can go to the consumer forum shortage of service against the Builder and claim for the compensation
A builder is supposed to provide care parking space for each flat owner.
Parking spaces cannot be sold.
a builder is not authorized to sell parking spaces as individual real estate units.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
So you may issue a legal notice to the builder venting out your grievances in this regard ans seek relief of parking space near your tower or else you may initiate legal action through consumer forum against the builder.
As per builder there is a clause in Salesdeed where they have mentioned as per below and asking If I have any document which indicate that I can use open car space. can below clause restrict buyer to use open car space if the same not allocated by builder. as he has taken money from other owners for allocating, pls advice Except Car Park(s) allotted by the Developer in accordance to this Deed, the Purchaser/s agree(s) and confirm(s) that all open car parking space(s) will be dealt with in accordance with the relevant laws. The Purchaser/s hereby declares and confirms that except for the Car Park(s) allotted by the Developer, the Purchaser/s do/es not require any parking space/s including open car parking space(s) and accordingly the Purchaser/s waives his/ her/ its/ their claim, right, title, interest whatsoever on the areas of parking space(s) in the Project vested in the him/ her/ it/ them as of date and/or any such right, title, interest accruing even at a future date. The Purchaser/s further agree(s) and undertake(s) that it shall have no concerns towards the identification and allotment/ allocation of parking space(s) done by Developer/ association / Apex Body, at any time and shall not challenge the same anytime in future. The Purchaser/s agree(s) and acknowledge(s) that Developer/the association/Apex Body shall deal with the parking space(s) in the manner association / Apex Body deems fit, subject to the terms of byelaws and constitutional documents of the association/ Apex Body/ the relevant laws.
The allotment of car parking slots should be fair to all members
Just because agreement is arbitrary , one sided does not mean that you have waived your right , time interest in parking slots
This clause is not binding
Builder cannot restrict use of open car park space
In fact he cannot deal with it in any manner
Open car parks will go to the society on conveyance and its not saleable
Sir go Ahead with the consumer complaint as in sale deed builder has made a clause to waive of your right over parking
So to challange this one sided clause file a.comsumer complaint and pray for allotment .
This states that you can not space any other space including the open parking to park your vehicle.
Regards
Dear Sir But builder is asking for such document of gujarat RERA act for open car space usages as a part of common area, i have search but in gujrera i have not find such clause Pls guide and help
In RERA there is no such provision but the garage is defined as the common area is under owneship of society so it cannot be sold
SC has held that parking slots form part of common area for benefit of all members
Rera is a central act
Different states can make their own rules but in confirmity with principal act
Open car park is common area as per central act of Rera
No state can amend this position
It is a central act, same act is applicable to entire India and as such you will not find any different clause in Gujrat act
The clause is clear that the builder has provided parking space but it shall be allotted to the members as per relevant laws governing in this.
therefore when the association is formed then it will become automatically the owner of all common spaces including the parking space.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
But builder is asking for such document of gujarat RERA act for open car space usages as a part of common area, i have search but in gujrera i have not find such clause
the builder will be finding ways to avoid all such complications hence you may better initiate legal steps by first issuing a legal notice based on the said laws which have been mentioned in the previous posts