• Extra charges for parking

Dear sir
I had purchased an apartment in Kolkata in 2011 and conveyancing was carried out in 2013.The builder was asking me to pay an extra 3 lakhs for the stilt parking which I did not agree to.Am I legally eligible to seek a parking slot as the building has now been handed over to the committee. Can I seek a slot by virtue of me owning flat in the building.
Asked 6 months ago in Property Law from Australia
Religion: Hindu
In the wake of supreme court decision passed very recently the stilt parking is part of common space for which the developer has already charged money from the buyer.
In other words the developer cna not sell stilt parking area for which the flat owner has already paid price along with the flat.
Devajyoti Barman
Advocate, Kolkata
5236 Answers
54 Consultations
4.9 on 5.0
1) builder has no powers to sell the car parking slot 

2) it forms part of common area for benefit of all members 

3) you rightly refused to pay builder Rs 3 lakhs for stilt car parking slot

4)you can apply to committee to allot you car parking slot 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
The builder cannot sell the parking slots as it forms part of the common are as laid down by the Supreme Court. You are within your right to seek a parking slot. Refuse to pay the amount and if the slot is not given to you then move to consumer forum against the builder and committee.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, pls verify in the sale deed or agreement of sale that along with flat you have purchased one car parking, if it is mentioned in the sale deed or agreement of sale then you need not necessarily pay the same.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
1) we cannot see replies given by other lawyers on this website. hence cannot guide you on this regard 

2)file RTI application with municipal corporation and obtain copies of parking slot sanctioned by municipal corporation . 

3) if society refuses to allott you parking slot as per bye laws file complaint against society before consumer forum and seek allotment of parking slot 

4) law provides that one slot should be allotted for each member . if there is hsortage then allotment should be done on yearly basis by drawing of lots 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
It is not necessary. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Registered members include family members and associate members
Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
Therefore you just dont bother about the mention of parking space in the sale agreement or not. 
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
it is mandatory for the builder to mention all the spaces in the sale deed which he likely to sell. if parking is not mentioned builder cannot demand payment in respect of that space. you can challenge it before consumer forum 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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