File complaint against builder before consumer forum and seek orders to direct builder to allot you bigger slot as slot allotted to you is not sufficient for parking of car
Small parking space alloted
Dear sir, I need a urgent help and suggestions I booked a flat in punawale with covered parking. Now builder has alloted parking to everyone, I have got a smaller one in which alto 800 car also doesnot fit properly. The builder has kept one parking reserved for a flat which is not even sold to anyone. I have approached the builder to change the parking but the builder is giving silly reasons and now even not picking up my call. I have done agreement with the builder in which it is mentioned that the parking will be allotted with preference as per booking. And even as per parking floor plan in my agreement the parking is not approved by corporation and the builder is saying that he has re approved the parking floor plan from corporation, Kindly suggest some solutions, Shall I go with legal action.
Asked 5 years ago in Property Law
Religion: Hindu
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13 Answers
The builder will not cooperate post sales of the flats.
Such problems will have to be dealt by you only.
If he is not responding to your calls, you may first take a survey and have an assessment of the parking space allotted to you and have a feasibility report about parking your car and also if the parking space extent is in accordance with the conditions of the sale deed.
After that you issue a legal notice demanding your correct parking space , if he is not responding to the legal notice also then drag him to the consumer forum for deficiency in service as well as unfair trade practice.
You can make a complain in the RERA and Consumer Forum.
File a consumer complaint foe the same after giving notice to the builder
Send him a legal notice and if he doesn't respond then file a case in the consumer forum immediately for unfair trade practices and deficiency in services.
Yes file a suit for specific performance.
Please issue legal notice to Builder for violation of MOFA Act and MAHA RERA and action ensuring civil and criminal charge against the Builder for NO SPACE for your parking.
Builder is not authorized to sell or charge for parking space to flat owners as per provisions of law.The ownership of flat is attached with the parking space which NO BUILDER OR DEVELOPER CAN DENY.If violated then Civil and Criminal charge both be initiated against them.
If matter not solved approach MAHA RERA for cancellation of project of Builder and cheating case against the Builder for selling and allotting parking space illegally which is prohibited as per provisions of law and Apex Court order.
Dear Sir/Madam,
You are suggested to serve the legal notice to builder and then file the case of specific performance for the same.
Send legal notice to provide bigger parking space otherwise will file consumer complaint. You committed the mistake by not mentioning parking area in the sale deed and at the time of allotment/booking.
Well parking area should be of that much area car can fit in it easily.
File suit against builder before consumer forum to give him directions for providing proper Parking space as promised at time of sale or give compensation for not providing parking space as per agreement.
issue a legal notice through an advocate and file complaint before district consumer court and seek orders.
- 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, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members
- Further, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting
- 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, even the said builder will allot the parking to you , then he cannot registered and approved from the corporation in the name of independent owner of the flat .
- Further, even if allot , then the final decision will be depend upon the society .
Serve them with a legal notice and than file a complaint against him in the consumer court
