• Registration of Car Parking

I purchased car parking space separately not with the flat. Builder gave me car parking allotment letter in year 2014. But didn't register the car parking till date as some other owners of car parking lodged case in consumer forum for less space available for car parking vs alloted car parking. That case is not resolved. I am not being able to register my car parking. I sent a legal letter to builder to register my car paking area. What next i should do? Should i lodge case against builder in consumer forum? Almost 6 year have gone since i purchased the car parking.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

1. If there is a sale agreement in respect of your parking space for which you have paid consideration money as well you are entitled to its registered sale deed. 

2. Now if the developer refuses to register a sale deed in this respect or refuses to deliver possession of it to park your car you can file a case before the consumer forum wherein you would get all your remedies redressed.

3. So do immediately. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Without sale deed, parking space do not transfer. Non registration of sale deed is continuous wrong. File consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Ask builder to refund your money with interest as builder cannot sell car parking slots only allot car parking slot 

 

if he refuses file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You must be having proof of money paid by you 

 

if so then act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Sir/Madam,

It is suggested that  you may lodge the case against the builder for the car parking in the consumer forum as well as in the district court for specific performance. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 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 state DC Rules, Regional Town Planning & Municipal 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 Society on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.

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 Society member.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Sale or purchase of car parking by Builder is illegal and not allowed under the provisions of law. 

It is the Society which is competent and enabled body to allocate parking space to its members. 

Allotment of car parking letter issued by Builder is illegal and unethical to enforce before the Court of law.

Please approach Police Station and file case of cheating and forgery charges against the Builder and file dispute before Consumer Forum for deficiency services in purchasing flat and charging for allotment of car parking which is illegal. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes you need to file a case in the consumer forum.

You can get in touch with me to proceed further.

 

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 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 developer, 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, 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 due to this reasons the builder cannot register the parking in your name , however as you have already paid the amount for the same separately , then you can fie a complaint before the Consumer court against the builder . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can file a suit for specific relief against the builder to register the parking space in your favor or to return the amount collected for the purpose.

As you have the details and documentary evidences for the payments made  separately for this purpose you can take this legal step 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

allotment letter of parking space is generally done or given by the builder to all the buyers.

If you have evidence for having paid for the purchase of the parking space separately other than the payment made towards the sale consideration amount, you can file a suit against the builder before civil court seeking specific relief  to get the parking space registered in your favor.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

File a complaint against him in consumer court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

On the basis of the allotment letter you can file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Yes you can file case for specific performance against builder if there is agreement for sale of parking space with builder.

2. But builder have no rights over parking space and he cannot sell parking space separately because it is common area of building.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

issue a legal notice through an advocate and file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

your parking because only allotment letter is not enough their was the landmark judgement passed in 2017 by the apex court wherein they had mention the need of the parking agreement.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can file a consumer complaint for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should also lodge a complaint against the builder in the consumer forum and you case should be connected to the previous cases pending. File an application for expeditious hearing and disposal of the case in the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

This is weird. That means he duped you. You have no right as the sale agreement wasn't registered.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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