The answer is the same as previously answered to go for supplement agreement and change the parking area for your car parking and get allotted to your flat get registered with sub registrar.
Do let me know if you want agreement points
Independent car parking space
I have purchased a flat with covered car parking space. in kolkata (on bank loan). In aggreement it was mentioned also. During my date of registration the builder handed over a parking space allotment letter for exclusive use of car parking space for me..In the deed the parking space is not mentioned.But I came to know that they are mentiong the car parking space whose registration was done afterwards. More over in the complex there only three parking which are dependent ( until front car is removed rear car can not be taken out).Builder has allotted me such a dependent car parking space,until I remove my car my rear car cannot be taken out.I have already verbally intimated the authorised signatory to change my Car parking space and allot me independent car parking sppace..My question is waht to do about change of parking space ? Please guide.
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
Approach builder to allot you another car parking slot
2) if builder refuses file complaint against builder before consumer forum and seek orders to direct builder to allot you another car parking slot
No flat is sold out with car parking it is mandatory and the Builder has to provide at least one car parking with every flat and that should be independent and should not create any issue .
If no action has been taken by the Builder on your request then you may complain to the registrar of societies and chits to get direction to the Builder in this regard as I believe that resident welfare Association has been formed if it is not the case then you can move your complaint to the consumer forum or the consumer Commission as the case may be depending upon the value of the claim along with the compensation and legal charges and let the Builder submit their reply in the court .
please rate this answer if you like it
1. See for registration a supplementary deed can be made and registered before sub-registrar office.
2. For independent parking raise issue before the builder if he fails you have to approach the consumer court seeking direction and relief for parking. You can also engage an Advocate and give legal notice to the builder.
Such parking is proper. Violation of building bylaws. Covered parking should be independent. Issue legal notice to demand proper parking otherwise file consumer complaint.
- As per law, A builder has to provide a certain number of parking spaces basis the number of units of houses, by way of allotment letter.
- Since, the builder has already handed over to you Allotment of cover car parking , hence it is mandatory to mentioned the same in the Sale deed as well.
- Send him a legal notice and thereby ask to execute sale deed for the same.
- If , refuses to execute the deed , then file complaint against builder before RERA or Consumer Court for getting order in your support.
As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building. This is exactly what had been agreed to between the developer Nahalchand Laloochand Private Limited and the flat purchasers of Panchali Co-operative Housing Society Ltd.Each flat purchaser had executed a declaration to the effect that stilt parking spaces/open parking spaces shown in the plan exclusively belong to the promoter and that the Society has no objection to the sale of such spaces by it. However, this was later argued by the Society as being contrary to law and hence, not binding. When the dispute arose, the developer approached the Bombay Civil Court seeking “permanent injunction restraining the Society from encroaching upon, trespassing and/or in any manner disturbing, obstructing or interfering with its possession in respect of 25 parking spaces in the stilt portion of the building”.
The City Civil Court dismissed the suit. The developer preferred first appeal before the High Court which was also dismissed. The Developer then filed an appeal with the Supreme Court.
In a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities. A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.
The above judgment indicates that the developer cannot sell the parking space as individual unit hence he has not included the same in the registered sale deed.
You may confirm the position and status of the said parking space allotted to you and can initiate legal action against the builder.
First you issue a legal notice to him demanding the independent parking space as agreed in the agreement or in the registered sale deed, let him give a reply, if it is not in your favor then you can move to consumer court against him seeking relief and remedy.
Builder should execute supplementary deed in your favour. If builder refused issue a legal notice through an advocate and file Complaint before District consumer court .
1. You should send a legal notice to builder for allotment of independent car parking.
2. If he refuse to provide independent car parking as mentioned in the agreement then you can file case with consumer forum against builder.
3. Car parking cannot be registered on your name as it is part of common area of building.
You can file complaint of deficiency in service against the builder for seeking relief
