Hi Sir, I bought a flat that was under construction last December (2018) which was handed over in December this year. At the time of purchase the agreement was i will be given 2 car parking and the price of the flat included this. Few days after the agreement of Sale, builder calls me and says that association might object 2 car parkings and made me agree to pay additional 1 lakh which will be paid to association. So the arrangement was i would pay 1 lakh additional (apart from the 2 car parking price that was already finalised with the flat codt) and the builder 1 lakh to the association to avoid any objection. Come 25th December 2019 (Yesterday) when they wanted to allot the car parkings, builder bluntly refused to give the second car parking sighting the reasons as not sufficient parking slots available and that the association has not agreed to allow the usage of motor sump as parking slot - Members association is not yet formed - In both agreement of Sale and Sale deed, 2 car parkings was clearly mentioned - I was one of the earler members who finalised the deal and the builder clearly knew that i always had 2 car parking Please advice Sir whom i can approach for Justice, as - I have been financially been hit because the price for the 2nd car parking was also included in the flat price although there is no break-up. In fact at negotiations builder didn't go down the finalised price sighting that he was giving 2 car parkings - I have not been given my second car parking - I had go through this humiliation infront of all other residents since he had fabricated a totally different facts and events then what had actually happened Will this not amount to Cheating by the builder?
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1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Which association builder is talking about. No association formed yet and hold is in builder hand. You have been duped. Hope you have receipt of extra one lacs paid.
Can file consumer complaint for allotment of one more slot or refund with interest and compensation. In actual open slot cannot be sold by builder, so court will grant you refund with compensation.
In such deals, parking slot price is consider 2 lacs which may have increase now. You can also file FIR for cheating.
Issue legal notice to builder to refund money paid for second car parking slot
2) if builder refuses file complaint against builder before consumer forum and seek orders to direct builder to refund money aid for second parking slot
3) also seek litigation costs and compensation for mental torture undergone by you
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 or garages.
The builder cannot charge you separately for car parking. The cost of construction, i.e. the sq ft rate, (which apart from your apartment, includes the cost of common areas) should include one car parking space
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
In your case I dont think there is an association has been formed yet.
Is there a mention about the fee collected for car parking space in the registered sale deed?
If there is any, yo may issue a legal notice to the builder demanding the parking space as per the sale deed, if he fails to do so, demand to refund the amount collected from you including the additional amount collected in the name of association.
You neatly draft a legal notice and pull up the builder for his deficiency in service including his acts of deceit.
You can subsequently drag him to consumer court seeking compensation besides return of your amount he obtained in the name of parking space.
Parking is an amenity provided along with the flat and hence it should not be added as a component of area. ... Hence in your case, area of the parking floor on ground floor should not be added while arriving at super built up area of the flat. The builder may add its cost while calculating the price / rate for the flat.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact.
the builder has no right to impose car parking charges as confirmed by the Supreme Court. ... Hence, many builder will allocate this area and the same point would be mentioned in the Sale Deed as like flat covered car parking.
1. You should file suit for specific performance and in alternate claim compensation and refund for extra car parking promised to your through agreement and sales deed.
2. You can also file suit for breach of contract against builder and claim compensation for damage and humiliation suffered by you due to this issue.
If it is specifically mentioned in the sale deed that 2 parking also allotted to you then you have a good case for getting covered parking by filling case against the builder.
You can go against the said builder before consumer court and seek money for not providing the parking space. If he provides the same you can claim parking space along with compensation. You can also make association a party whom you paid 1 lakh as they are not authorized to take the same from you. You can claim refund
