I'm from thane, Maharashtra. I've purchased ready flat in 2019 in re sale in multi building complex. My agreement contains that I'm entitled for one podium car parking. That time builder allotted floor covered parking to previous owner and issued temporary parking letter. Now to create more parking space for other buildings, he is forcing all old flat owners who had alloted floor parking to shift to stack parking since parking for us was temporary. Infact yesterday he started work in my parking without any formal intimation to me and now he is forcing me to take stack parking some other place in the complex. What are my options in this case? Should I accept his offer and persue the legal option later since I don't have place to park my car or start legal action without accepting his offer and suffer till I get any ruiling from RERA or court in my favour.
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Your situation is that you require parking immediately because your temporary parking space has been withdrawn.
If you argue with the builder citing the terms of agreement then the builder may refuse to offer the alternate space also telling that you go to court and get an order.
Therefore, you may decide to solve your parking problem first and fight against the builder conveniently later on as per law
You can accept offer of builder in protest without prejudice to your rights of taking legal proceedings later
In any apartment complex with multiple dwellings, car parking lots are defined as 'common areas', meant for the common use and enjoyment of all the residents. No builder can legally sell any exclusive parking lot.
- 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 , if the said builder earlier allot you the said parking , then he cannot cancelled it without taking your consent , and also liable to refund the amount taken for this facility.
- You can file a complaint before the consumer forum against the builder for deficiency of services.
Dear client,
Sorry to hear about your situation. Section 14(3) of the Real Estate (Regulation and Development) Act, 2016 (RERA) states unequivocally that the promoter, or builder, is not permitted to alter the project's structure or common areas without first obtaining the allottee's (your) written consent. You can demand that the unauthorized work cease and that the builder provide you with the reserved podium parking space by formally notifying them of the breach of agreement and invoking Section 14(3) of the RERA. You can register a complaint under Section 31 of RERA with the Maharashtra Real Estate Regulatory Authority (MahaRERA) if the builder continues.
Hope this helps you.
i dont think you can approach RERA since i believe the building construction is complete and OC is received and even you have purchased the flat from the original flat buyer who had purchased from the builder
so given the circumstances as described in your query you have to file a civil suit against the builder
if he has already commenced some work on your parking space then you will have to move an application for urgent reliefs of restoring status quo ante
You can go for your legal recourse no need to take the offer if you feel uncomfortable
