You can file a complaint with consumer forum for deficiency of service and seek compensation
Disputed parking issues where can I lodge complaint
Bought a flat, As per schedule "B" one self contained flat being no.2C on the second floor eastern side having super built up area about 1250 sqft and one covered garage measuring about 120 sqft under Kalyani Municipality, P.S. Kalyani Dist Nadia 741235. Parking arrangements are in series for two car one after one, a five story building having 4 parking space in 2 row out of 3 been sold ( no specific parking no.) Now the promoter is saying I have not allotted specific parking to any flat owner, any one can park any where, now the problem is my parking area being used as common area, all the time found motor cycle & cycle are parked & full, resulting daily arguments and fights taking place, presently i don't have car. I objected and asked promoter to make free my parking area several times, which he refused do so and saying if the area is vacant others can park their vehicle, you bring your vehicle call me I will vacate the place strange behavior? Q1) I am tired of all this, can I put up a court case against promoter either he should give me clear title or I want full refund. After paying 2.5L I do not want to suffer any more, can not allow others to use as common space. Q2) Where i mean which court is suitable for such case, please provide me details as I want early solution.
Asked 5 years ago in Property Law
Religion: Hindu
21 Answers
Builder cannot sell parking slots as it forms part of common area for benefit of all members
file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
also claim litigation costs and compensation for mental torture undergone by you
You can make complaint in the consumer forum and RERA office at your city.
Dear Sir,
You are suggested to first serve a legal notice and then file the court case of declaration against the promotor in the civil court of your area.
Builder cannot charge for open parking. And even after charging, no covered parking allotted to you. File consumer case for recovery of amount paid with interest and compensation. Send legal notice first.
1. Well to avoid this kind of complication the builder mostly through draw of lots allocates individual parking spaces.
2. Now in the parking space meant for four wheelers no other vehicle can be parked.
3. To resolve this crisis once and for all you can consider filing a civil suit for declaration and injunction.
1. File a complaint with the registrar cooperative Societies office..
2. First go for registrar cooperative Societies office
- As per Supreme Court , Promoter /developers has no right to sell parking to apartment-owners, including stilt parking or garages.
- Further cannot charge any amount for the same.
- However as per RERA, can allot the parking space on fist come , first allot basis.
- Since you have already paid 2.5 L , hence the promoter is bond to allot you a parking space permanently.
- You can file a complaint against the said Promoter on the ground of deficiency of services before the Consumer court , and further can also claim compensation as well.
1. You can drag the builder to the consumer court for deficiency in service for not providing proper parking space even tough the same assured.
2. You can approach consumer court for getting your grievances redressed.
1. Has the society been formed? Have you been promised an exclusive parking in the sale deed?
2. If society has not been formed then you may firstly serve a lawyer's notice to the promoter to demand an exclusive parking for yourself if you have paid for it. Suit for mandatory injunction to seek parking which has been promised can be filed in the civil court.
Common area is meant for use and enjoyment of all the occupant.
But the demarcated area for parking has to be used for parking only.
Promoter cannot allow the parking area for other purpose and he is not entitled to sell it.
You can issue notice to that effect, and if he fails to respond, you can file case before Consumer Forum seeking direction from Forum to direct Promoter to refund your money along with interest and you can also claim litigation expenses along with damages.
what is the initial agreement with the builder and providing car parking facility is mentioned in the agreement he has to clearly demarcate for each flat . And if there is a violation on his part you can take action against the builder under the new Real Estate (Regulation and Development) ACT, 2016.
Thanks a lot for your valuable responses: On receiving your responses I sent a whatsApp message to promoter asking to give me clear title or refund full amount which was paid for parking space. In response promoter replied, Kindly cancel the registry done for the parking space and we will refund you the entire parking money. Now my question is: 1) Since the parking area 120 sqft mentioned almost in every para in my ORIGINAL SALE DEED, promoter is asking to cancel parking portion so that he can refund the amount. 2) How to cancel the parking portion from original sale deed, I mean the process. 3) Modification /amendment of original sale deed is it advisable as per law.
Asked 5 years ago
Suplementary deed can be executed duly stamped and registered wherein it is mentioned that parking slot sold is cancelled and sale consideration paid refunded
ask the builder to do necessary paper work in this connection and to issue cheque for refund of amount collected for parking space
Cancellation deed will execute and not amendment .
Yes you can simply get the deed amended in the land revenue authorities
All parties to the original deed should jointly execute the rectification deed as well. In case the original deed is registered, get the rectification deed also registered. And pay the requisite stamp duty and registration charges as per the laws in force in the State
1) You can enter into a Supplementary Agreement with regard to cancellation of the parking space mentioned in the Sale Deed and the same needs to be registered by paying stamp duty.
2) Ask the builder to refund the money by way of DD / RTGS / Cheque
3) Refer to (a) above.
You can cancel it from sale deed but can again execute fresh cancellation deed.
Yes you can execute supplementary deed
If you are willing to forfeit the parking are and desire to receive the amount charged by promoter and as agreed by the promoter, you can get the sale deed amended b the promoter executing a registered rectification deed rectifying/deleting the so called wording from your original sale deed by an endorsement to that effect in the proposed registered rectification deed.
You can decide about it after analysing the pros and cons in this regard.
1. For what will you file suit if you don't have car to park at the slot.
2. No law can ban residents of building from using vacant common area you cannot object until you have your vehicle to park in that spot.
1. Cancellation cannot be done unilaterally.
2. If there is a separate sale deed for parking space then it can be mutually cancelled.
3. Sale deed cannot be cancelled in part.