• Can the builder change covered parking space allotment 6 months after possession?

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?
Asked 6 years ago in Property Law
Religion: Other

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13 Answers

If changed parking slot does not affect you adversely accept new parking slot 

 

it does not make sense to antagonise the builder 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

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.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Breach of contract. 

Sue for damages and demand the same slot.

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to challenge the same before consumer court against builder

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

ask your builder to send a letter to you stating all the facts as they want to do.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

  1. As per the information mentioned in the present query, makes it clear that the builder is in the process to get some extra benefits by changing the algorithm actually.
  2. There is a law of estoppel which says that once a person has acted upon the presentation of something by another person then the other person cannot change his stand and here you have changed your position by taking he possession.
  3. And I also believe that it is there in the allotment letter which you have mentioned above about the parking area and space.
  4. As he is changing now then it means he is violating the terms of the allotment latter which he can’t.
  5. You should file a suit for injunction from doing so against the builder in the court of civil law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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