• Parking issue

I had purchased Flat from builder in year 2013 and possession for same was received. at time of flat purchasing builder showed me 2 special parking SP1 & SP2 which belong to my flat no and there was label with parking No and Flat No.
2 month back when society was formed builder gave parking list to society  which showed that my parking was converted into 4 parking and the no were changed to SP1 - SP1A and SP2-SP2A where my parking no to changed to SP1 -SP1A from SP1 & SP2 and other 2 parking was allotted to flat which belong to builders .
When I asked builder after 3 year how can you claim your parking in my parking then he is saying it already had 4 parking 2 for u 2 for other . But in OC approved it shows only 2 parking but the list is showing 4 parking . 
Society is saying that you talk with builder coz you have purchased from him .
Today I also came to know OC Plan has 84 parking but builder have given 108 parking list to society which mean he has sold 24 extra parking .
Please help how to go ahead .
Thank you
Asked 2 years ago in Property Law from Thane, Maharashtra
Religion: Hindu
1) file RTI with muncipal corporation and obtain copy of parking layout sanctioned by muncipal corporation 

2) it would mention stilt car parking slot along with flat numbers 

3) issue legal notice to builder to rectify parking list given to socirty

4) if he fails to do so move consumer forum against builder and seek refund of money paid by you for parking with interest

5) please note that builder cannot sell car parking slots . it forms part of common areas of society for benefit of all members 
Ajay Sethi
Advocate, Mumbai
44243 Answers
2568 Consultations

5.0 on 5.0

This is a gross discrimination and illegal act by the builder.  The builder has swindled money by creating additional parking spaces though the OC was granted on the basis of originally listed parking slots alone. 
On the basis of the sale deed and the allotted parking space to you, you can issue a legal notice to the society to refrain them from bifurcating the parking space allotted to you by making additional or extra parking lots which is contravening the original plan and an illegal act.
You may draw the society to the court if they still violate the rules and trying to occupy  your parking space arrogantly.  The builder may also be impleaded as a party to suit. 
T Kalaiselvan
Advocate, Vellore
34418 Answers
368 Consultations

5.0 on 5.0

You should send the builder a legal notice demanding  your parking as allotted originally.
If builder has sold extra parking which is not in the OC ,the  society has to steps to seek explanation from him.
That this also means builder has used common area for creating extra parking illegally.
If you think you have lost your parking space and as per the agreement what was allotted as your area has been changed ,you should seek explanation and demand the same space
Regarding extra spaces society should take initiative to question him as it is the extra space which could have been used as common area or common parking or any other purpose ,if not mentioned as parking in the OC.
You can file a consumer complaint against builder.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

The builder has deviated from the OC to extract money. The remedy for you is to file a suit for injunction against him to bind him to the OC issued by the civic authorities. There is nothing the society can do in this.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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