Hi, I have recently bought a Flat at HSR layout Bangalore and it's an RERA approved and occupancy certificate also has been issued, as per the site plan submitted to BBMP the property has 35 parking slots and as per the occupancy certificate issued there are 36 slots, 36 is also still ok but the builder has created 37th parking slot which almost consumes space equal to 2 parking slots And to create these 2 additional slots for selling, he has divided couple of what are supposed to be single parking slots as per Site plan into two and allotted them to 4 flats and now these 4 flats people have this issue where when Cars are parked in that space there is no open space left to open the car doors Our concern is that builder has to first create 35 slots as per Site plan and allocate them to 35 flats first and if there is any further space left, then he can sell them or we use it for 2 wheeler parking can some one throw some light on how do we approach this problem legally, we paid 3-4 lakhs per parking but that's not mentioned anywhere in the sale deed and it's not about that amount, we just need parking space as per the BBMP approved plan so that we can park our cars comfortably
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
file complaint against builder before consumer forum seek orders to direct builder to remove additional slots made by subdividing existing parking slots
2) builder cannot have more than 36 slots as per OC and additional slots are illegal
3) also seek litigation costs and compensation for mental torture undergone by you
Complain to BBMP enforcement wing. Builder is violating the sanctioned plan. Also open parking space cannot be sold.
Builder has illegally collected parking charges from owners. Only cover parking can be sell which is include in sale deed and stamp duty payable. Complain to RERA for illegally taking money and to revenue department and income tax for evading stamp duty and tax.
That amount pooled in builder black money.
Last resort - injunction from court.
1. First of all, no amount to be charged for providing the designated car parking to the owners who bought the Flat.
2. The number of parking slots have to be as per the sanctioned plan and occupancy certificate.
3. Perhaps the builder has created additional car parking spaces after obtaining the occupancy certificate.
4. Complain this matter to the registered Flat Owners' Association to resolve the issue. If the problem still remains to be solved meet the concerned jurisdictional BBMP officials and bring the irregularity to their notice for resolving the issue.
5. Still if it persists, send a legal notice to the builder highlighting the irregularity and the proposed solution to it from the builder, for the inconvenience caused to the residents.
Hi
You can proceed with the consumer court complaint against the builder.
He will have to allot the parking space according to the agreement after you complaint to the consumer protection forum.
Thanks
There is only additional car parking compared to site plan (35) in the occupancy certificate (36) and AFAIK occupancy certificate is issued after paying fine for all the irregularities in the plan. My expectation is the builder should at-least obey the Occupancy Certificate and stick to 36 parking mentioned in OC, every other flat in the apartment has got 8 feet parking space and we people from 4 flats got 6 and half feet parking space and a typical sedan would be 5 feet in width and to open the door at least 2 and half feet more space is required
File a complaint in consumer forum.
It will be resolved.
The 4 Nos. Flat owners are made to suffer for the misdeeds of the builder. You may take appropriate action as per reply above, as well as complaining to RERA.
Additional parking is illegal or can be use by 35 members only. You can get stay from court and allotment of 8 feet parking.
hence 36 parking slots are legal
file complaint against builder before consumer forum seek orders to direct him to provide 8 feet parking space as given to other flat owners
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.
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.
4. Raising a dispute, in your present parking scenario shall legally prove unfruitful, more so since Parking CANNOT be created, beyond the sanctioned plans, in any manner whatsoever.
You can approach the consumer court or rera in this. Also you can implead a party to corporation ans later file writ petition in the same
The builder cannot sell parking space hence he has not mentioned the amount received towards this anywhere in the document neither he has issued a receipt for this amount.
However if it is confirmed that he has approval for 35 parking slots only then the association an object to his additional two parking spaces and can ask him to cancel the same and merge the same to the existing parking spaces alone.
If the builder is not complying with the demand made by the registered association, then the body may approach court with a suit for mandatory injunction against the builder to remove the additional two parking spaces which neither have been in the master approval plan nor there is enough space for adding two more parking space.
No individual case can get any fruitful result hence you may discuss with the members and move a resolution to sue the builder seeking direction from court to remove the additional parking space and ease the crunch developed due to this.
You can discuss the difficulties and hardships faced by you in this regard and move a resolution in the emergency meeting of the association and insist the association to initiate legal steps in this regard to fetch you the solution on this.
you can seek the appropriate authorities muncipal to take action. If you are still not successful, a civil suit can be filed in court or you can file complaint before District Consumer court.
First you should serve a legal notice stating your grievances. Thereafter, if no action taken, Then you can file a complain case against builder in the consumer court asking for the parking space and compensation for your suffering.
1. Builder have no right to sell the parking space as it comes under common area of building.
2. And if builder sell the parking space it become null and void after formation of society association and management committee of society can do reallotment of Parking space.
3. Ask society for reallocation of Parking space which is easy to use for every member of society if society refuse to do so then file suit against society can builder for wrong allocation of parking space and correct the same.
