• Parking space alloted but cannot be used.

My builder has allotted me a parking space but it is only 8 feet wide and after parking the car the driver cannot come out by opening the doors. Further the gate leading to parking space is also very narrow such as when the car is driven inside only 6 inches space is left on both the side. Builder is adamant to re allot the parking space at some other space. Further he had taken payment for 125 sqft parking space bu the space allotted is only 84 sqft. If I keep my car at some other place the flat owners and the builder put objection for that. What action should I take so that my problem is solved and I can keep my car at a proper place in the two buildings housing complex
Asked in Property Law from Kolkata, West Bengal
builder cannot sell car parking slots . it forms part of common area and cannot be sold by builder . you can  move consumer forum against builder and ask for refund of parking charges .
 builders are required to furnish car parking plans to muncipial corporation . take inspection of parking plans submitted by builder . cross check whether area mentioned in plans is the same as offered to you by builder . society will have to allot car parking slots to members are per parking plans submitted to corporation
Ajay Sethi
Advocate, Mumbai
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Parking slots cannot be sold by builders as they form a part of the common area. Parking area is to be dealt with by the society by formulating its own policies. Issue a legal notice to the builder and move the court to seek monetary damages from him.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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