• Permanent parking allotment delayed, temporary parking not given since not available

Hi

I bought a 2 BHK flat with 10 * 10 parking (stated in registration) in a cluster of 5 towers which were built (9 planned originally, 4 not built so far). I bought the flat in 2013 and received possession in April 2015. This is in Ravet, Pune, Maharashtra. 4 towers were not completed due to litigation in JV and that was resolved in the last 8 months. Since the 4 remaining towers were not complete (and parking for several adjoining towers is a common area in basement), covered parking was allotted on a temporary basis by the builder on an ad-hoc first come, first serve basis. There are less parkings and more flats currently since 4 towers are yet to be constructed. I recently want to resell the apartment and hence approached the builder for temporary parking allotment. He is stating that there are no covered or open parkings available to allot. My buyer wants a temporary parking allotted. Builder staff is asking me to wait for a year or so for permanent parking allotment. Kindly advise.
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

Open parking comes under common area, cannot be allotted. No exclusive right and any owner can park anywhere.

Better sell it and tell him use any portion. Waiting for 1 year will bring no change.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Builder has to provide parking slot to flat sold 

 

2) if there are less parking slots it should be done by drawing of lots on annual basis 

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

You can reply to builder that once registered parking slot on what basis, he had allotted your parking area to other. Show him sale deed and on that basis get the parking base reserved. or make online complaint in the RERA or consumer forum.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Refer to your sale deed or sale agreement as the case may be to find out whether any parking space was shown to have been sold to you. 

2 . If yes then the builder is bound to deliver the same to you. 

3. If nothing is mentioned then you can't force the builder to give one such space. 

4. Therefore depending upon your rights the merit of the case before the consumer forum varies. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Please issue a legal notice to Builder who is bound to follow provisions of law under Maharashtra Ownership of Flats Act for sale and allotment of flats along with parking space to all flat buyers. 

If not file Criminal charges against the Builder and claim parking space in your Apartment as per the Law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area 

- Further, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the builder, and can get refund from the builder legally. 

- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.

- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members. 

- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members

- Further, parking spaces are common spaces which belong to the housing society, and 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

- Hence , the said builder cannot issue allotment letter after selling the same . However if you have already paid for the said parking , then you can approach consumer court against the builder. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

Serve them with a legal notice and than file a specific performance suit against them for getting the required parking

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File a case in the consumer court.

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

If the entire project is not completed yet and the builder is not able to allot permanent parking space,  however the temporary parking space is also not available owing to the prevailing factors,  your claim for parking space including any legal action on this may not fetch you any fruitful result. 

If you are in a hurry to sell your property you may have to adjust with the situation by getting an assurance from builder about allotment of parking space once it is available. 

If the builder do not cooperate or agree to the present arrangement with the builder,  you may look for some other buyer. 

Any legal action that you may intend to initiate against the builder in this connection may not be maintainable even if your case is taken on file. 

Your case may run for years, by then the builder will be ready with the parking space and inform court about allotment and may request court to  dismiss your case. 

You may not find any immediate respite from court even if you drag the builder to court with the help of a highly efficient lawyer. 

Instead you can request the builder directly to help you tide  over the situation by allotting a temporary parking space somehow somewhere. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

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, HOWEVER, Parking spaces (enclosed Garages) which have consumed FSI under the DC Rules, MRTP & BMC laws, CAN BE LEGALLY Sold or Purchased or Registered or Leased.

3. 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.

SERVICE CHARGES IN MAHARASHTRA HOUSING SOCIETY:
http://chshelpforum.com/service-charges-of-chs

4. 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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

They need to allot the said parking in the said society premises if available. If not given you can complaint to corporation, dy registrar of even approach consumer Court

 

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

When you bought a flat and parking was paid for how can he refuse to allot parking. This comes under deficiency in services and a case must be filed in the consumer forum.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Need to look for the clause which speaks about the parking facilities from the Agreements you and your builder signed.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

You can file suit before consumer agaist builder for not providing parking space as mentioned in the sales agreement due which sale of your flat is getting affected.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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