Yes consumer complaint is maintainable
Right to use letter from builder for a basement car parking.
I purchased an extra basement car parking space from builder by paying 6 lakhs via online transaction (all communication over mail with all payment details available). Builder did not create any supplement deed for this purchase rather builder gave me a right to use letter for this numbered basement parking space. Now, will this right to use letter a valid document and does RWA holds any right to reject this in future? Will this right to use document be legal document to safeguard my parking space if questioned by RWA in future? Also, if RWA rejects this then can I go to consumer court with all the payment details and proofs and get back my money from builder with interest of all these years in case I can not keep the parking and it goes to RWA.
Asked 2 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
5 Answers
Builder can only allot car parking slot cannot sell the slot
2) it is not binding on RWA
3) you can sue the builder to recover money paid by you with interest
In India, apartment car parking laws are governed by the RERA Act of 2016. According to this act, builders can sell covered garage space separately. However, open or stilt parking spaces are considered common amenities, like a lobby, stairs, and garden, and cannot be charged for separately.
This is not a covered parking space hence the builder cannot sell the parking space.
The right to use is not a sale transaction.
Once the builder hands over the common areas to the RWA, then the entire common areas belong to the RWA only.
The Supreme Court's decision reaffirmed that parking spaces are common facilities provided by society and cannot be sold separately.
The buyer-seller agreement is a legally binding contract between you and the builder. If the agreement specifically mentions that you have purchased an exclusive right to use a covered car parking space, then the builder is obligated to add this to the sale deed.
Your RWA has got rights to eject the right to use letter issued by the builder. In fact the right to use letter says only right to use and not a sale deed, besides once the common areas have been handed over the builder ceases all rights in the common areas of the apartments.
You may better take action now itself to retrieve your money given for purchasing the additional car parking space.
- 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.
- Since, you have proofs of payments to the builder for the said parking space , then you can produce the same before the RWA at the time of allotting the parking space.
- Further, if RWA not accepts , then you can file a complaint before the Consumer Forum for getting refund .
Dear Client,
If the right to use letter contains all the necessary details that are required to fulfill a valid contract, then the RWA does not have any right to reject your ownership over the parking space in the future. As mentioned above, if the right to use letter contains all the provisions of a valid contract, it will be deemed as a valid legal document by RWA. But in any case, obtaining a sale deed will secure your property to the fullest as it will provide a proof for the transfer of full ownership over such property. As far as the possibility of RWA taking over your property is concerned, you will have a strong proof to show the consumer court the payment details of the transaction, considering the transaction is an online one.
