• Parking space not as per layout plan

Hi,
I have purchased a flat from a builder last year in Ahmedabad. Last month Builder has allotted parking (Draw system) spaces on request of all the flat owners verbally and in written. As per the allocation, I have been allotted a parking space, which is open parking and the space that is allotted to me is not a parking space as per the sanctioned layout plan submitted to RERA. 

Now, as it is an open parking space, there are three risk associated with it
1) All season, my vehicle(car) remains out side (and have direct sunlight, rain, dust as construction sites are going on near my society)
2) All flat owner's gallery are above my Parking space, so there is a risk of getting stuff/garbage thrown and if they wash there galleries that too can be on my vehicle.
3) Since this is open space, children are playing near by can harm vehicle unintentionally.

I have requested to builder to make shed on the space so that at least a vehicle can be covered an can be protected from above two risks. However he denies completely. Here to note some of the facts below,

1) Builder has verbally promised to all flat owner to provide the allotted parking even though he was not having sufficient parking spaces to allot to each owner and hence it was misleading. 

2) They have created a spaces which were not approved in sanctioned layout plan submitted to RERA just to fulfill the false promise of providing allotted parking. Due to which, I am getting suffered even though paid same price as other owners are who got the covered parking.

3) In a brochure received from Builder, There is some elevation structure on a open parking space which builder has not created. 

Please advise, what can i do so that i can get the proper and feasible solution.
Asked 11 months ago in Property Law
Religion: Hindu

5 answers received in 10 minutes.

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7 Answers

File complaint against builder before consumer forum seek orders to direct builder to provide parking slot as per sanctioned layout plan

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You can approach against the builder in consumer court for deficiency in service 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear client,  

In this situation, you have several options to address the issue with the parking space that has been allotted to you:

Contact the builder: You can try to resolve the issue by contacting the builder and requesting them to make necessary changes to the parking space, such as providing a shed or allocating a covered parking space as per the original plan. You can explain the issues that you are facing due to the open parking space and seek their cooperation to find a solution. Make sure to document all communication and follow up with written requests for their response.

File a complaint with RERA: The Real Estate (Regulation and Development) Act, 2016 (RERA) provides a grievance redressal mechanism for homebuyers who face issues with the builders. You can file a complaint with the RERA authority in your state, explaining the situation and seeking their intervention to resolve the issue. RERA can direct the builder to provide a feasible solution or compensate you for the inconvenience caused.

Approach consumer court: You can also approach the consumer court if the builder fails to provide a satisfactory solution or if you feel that your consumer rights have been violated. The court can direct the builder to provide a proper solution and compensate you for the damages caused.

Consult a lawyer: It is advisable to consult a lawyer who specializes in real estate matters to understand your legal rights and options in this situation. They can provide you with legal guidance and represent you in case of any legal disputes.

Make sure to document all communication, agreements, and any evidence that supports your claim. This will help you in making a strong case in case you decide to take legal action.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You can go to the municipal corporation of your locality. Then, follow a property procedure to file a complaint against the illegal construction. Once the complaint is noted, the municipal corporation will send legal notice to the owner or residents of the property.

Typically, five per cent deviation in size from approved layout plan is permitted. If this limit is exceeded, but the deviations are still considered safe, authorities may levy a penalty and provide approval

However you are aggrieved by the decision of the builder to provide you the open space only and not permitting you to construct a sheet cover over your parking space, but since you have participated in the allotment of car parking space by draw system, your grievances/concern over the issue may not be addressed by the  authority.

If you were allotted with a cover parking space then you would not have raised the issue of violation of the approved plan or the alleged illegal construction in the common space.

This will however not prevent you to vent out your grievances before a legal forum i.e., local civic body or RERA or consumer redressal commission seeking to redress the same.

You may discuss with a local advocate and proceed if the builder is not abiding with your reasonable request over this issue or ready to comply with your demands made through a legal notice.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

- 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. 

- Hence, you can file a compliant against the said builder before the consumer forum . 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Under Section 14 of RERA builder is bound to provide covered parking space. File a compliant to RERA Authority under Section 7 (1) (A) () (iii),  He is liable to pay you penalty of ten per cent of project cost and also for imprisonment up to three years. You can also file consumer complaint under new Consumer Protection Act, 2019. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

File complaint before Gujarat RERA Tribunal with details and contradictions. 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

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