If changed parking slot does not affect you adversely accept new parking slot
it does not make sense to antagonise the builder
I have taken possession of flat more than 6 months earlier. I was given the parking allocation letter by the builder back then. Now they're saying their algorithm has changed and so they are updating my parking allocation. The parking building is still under construction so I'm not sure what is the end gain the builder is going to achieve from this. But I don't want to change my allotted slot Am I legally obligated to yield to the builder?
If changed parking slot does not affect you adversely accept new parking slot
it does not make sense to antagonise the builder
No you aren't legally obligated to yield to the builder and you should not.
He is obligated to deliver what he has promised, else you can sue him for breach of contract, or, move the consumer Court.
Consumer Court provides speedier remedy.
In any case, you must visit me for exhaustive consultation.
See the parking allocations can be changed by the builder or society as it is common area and cannot be sold the allocation can be changed from time to time.
Breach of contract.
Sue for damages and demand the same slot.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
The Builder cannot change the layout plan of the property and in case there is any change that is to be approved by the development authority of the area in case you have any problem due to change the parking space you along with the other residents of your society can complain to the development authority as well as if you have resident welfare Association then approach to the registrar of the cooperative societies against the Builder
1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered . Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. Builder is the sole authority, to allot (not sell) you parking spaces and you do not any choice to demand any specific parking space. However, you can convince or negotiate for your requirements.
You parking slot should be in your flat building so don't change this as this may be double game from builder. stick to your points, if he is saying the parking will be in another building, so where will park vehicles from that building flat owners.
You need to cross question otherwise it will be in trouble for your in future.
You can fight for your rights on the basis of the letter of allotment given by the builder to you allotting the car parking space if at all there is any deviation in the allotment other than assured to you by this letter of allotment.
You can issue a legal notice to the builder about the discrimination in this regard and drag him to the consumer forum also for relief and remedy, if need be.
Dear Client
Yes you can file the objection regarding change of alloted space with builder if it is written in the agreement of sale. And if it is written on agreement that alloted space is temporary allotment and subject to change in future till permanent allotment than builder can change the alloted space as and when he want.
This is my response to you:
1. The builder can allot you a garage but cannot allot you a open parking space;
2. An open parking space is common area of the building;
3. The society can allot the same;
4. Consult a local lawyer and discuss full facts.