• Builder's denial for car parking

Dear Sir, 
I have purchased flat of 59.5 sqmt in 2013 .Then the building was under construction.O C. Received in 2016 . Now the management of the building is with the builder. After repeatedly asking for car parking . First he assured that you we be given parking place.Now he is totally going through his words.Please suggest what should I do.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

A case can be filed in the consumer court against the builder for enforcement of the agreement and to get the parking space which was promised to you by the builder. The builder has to provide you the parking place as promised if not he should not sell or make agreement for the same. It is serious default commit by the builder and the court can compensate you also for the mental harassment and agony.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can file a consumer complaint against the builder and pray before the court for relief of allotment of car parking as builder has promised same and now there is unfair trade practice and deficieny of service on part of builder.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File complaint against builder before consumer forum and seek orders to direct builder to provide you car parking slot 

 

2) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. I wonder why while purchasing the flat you did not purchase the parking space as well.

2. Since you did not do so and in absence of any written undertaking by the builder it would be presumed that you refused to purchase the same .

3. In that event unless any parking space is available now for sale, you can not force the builder to sell you the parking space at this time.

4. You can file case before the consumer forum but the same will not have much chance of success.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Gift the car to the builder. Haaaaaaa haaaaaaa haaaaaaa

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

The management of the building has to ideally be handed to the society of flat purchasers

The builder cannot retain management with him

Since he has no authority to retain management, he has no authority to allot you car park space 

You cannot even enforce your demand of being allotted the car park because car park comes under common areas which belongs to society 

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You can file consumer ccmplaint against the builder and seek parking as well as compensation. As per dcr rules parking is mandatory per flat in the construction.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.

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.

The RWA is the actual owner of the parking space in the apartment complex. You have to constitute one and get it registered to solve not only this parking space problem but for all other problems within the complex of the apartments.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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