You should file a complaint beforw the rera tribunal so that this Issue is decided once and for all otherwise this will turn into a dispute with the the builder and other residents.
Hi! I purchased a flat with Parking on 30/07/2010 at Sawantwadi in Maharastra. My sale deed supports the sale of stilt Parking of 100 Sq.Ft. 9.30 Sq.Meter area. Location is not exactly marked or mentioned in the clause of Sale Deed. Wording in Marathi language as " Fakt Gaadi Lavanesaathi " On following up for the allotment of the same after sale deed, builder is not co-operating for allotment. Recently after repeated verbal follow-ups, he is agreed verbally for one corner of the basement to allot me as parking. But the problem is with that place is not approachable for parking vehicle. Several telephonic attempts have been made to contact him. He either do not lift the call or closes the call by saying I will call you later. Please advise.
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You should file a complaint beforw the rera tribunal so that this Issue is decided once and for all otherwise this will turn into a dispute with the the builder and other residents.
File complaint against builder before consumer forum and seek orders to direct builder to allot you parking slot
2) also seek litigation costs and compensation for mental torture undergone by you
It's being 10 years almost, what was u waiting so many years ?
Even court remedy is bleak. File civil suit for enforcement of sale deed.
The Builder have responsibility to allot the parking along with the apartment and the parking should be approachable and vehicle should be parked properly. in case you are facing problem in getting your parking and this is termed as efficiency in service you have to complaint in consumer forum against builder and claim bi parking along with compensation for mental harassment and legal charges
See issue a legal notice to the builder if he goals file a consumer complaint seeking direction for builder to allot appropriate parking and further pay compensation for mental harassment.
you issue a legal notice to the builder demanding the allotment of the parking space as per the sale deed.
If the builder is not responding or not complying with the demands made you may drag him to the consumer forum for relief and remedy to this.
If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units. According to the “Apartment Act” in most states, car parking is a part of the society's common areas.
However under RERA builder can officially sell car parking spaces/s along with the flat to a customer.
But a developer is fully entitled to sell covered parking but open parking cannot be sold
1. You should file suit against builder in consumer forum for not providing parking space as mentioned on sales deed.
2. You should also claim compensation for not providing parking space as promised by builder.
1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.
VISIT:
3. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member.