I purchased a flat in chennai in 2013, when buying the builder told that one basement parking will be allotted and it was mentioned in the sales agreement also. After handing over the flat, builder said the parking will be allotted in 2 months time. When I enquired now builder is saying there is no enough parking space available in basement and parking will be allotted in open space and also new Multilevel car parking will be constructed for 100 cars in the tennis court area and parking will be allotted there. If you don't like these options you can get back the 2 lacks amount paid for parking. Should I approach the consumer court for this Or civil court for this.
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1) builder cannot sell car parking slots as it forms part of common areas for benefit of all members
2) builder can allot car parking slots but society formed of flat owners can modify parking allotted
3) accept car parking slot allotted to you
4) you can move consumer forum and seek refund of Rs 2 lakhs paid by yiu for car parking slot
If the builder assured you that parking will be provided in Basement and now if he going back on his promise, then you can take him to the consumer court and take an order from the court for due compliance of the sale agreement.
If the builder fails to provide services or amenities as promised Consumer court is the best option.
The builder is bound by the promises he makes in the sale agreement which ranks sacrosanct. Issue a lawyer's notice to the builder to ask him to honour the promise made in the agreement. If he does not heed it then you may move the consumer forum to seek binding directions to him to allot the marking with compensation for delay.
Getting back 2 lacks refund does not solve the issue, If the builder said these options before agreement, we would have purchased flat with some other builder in that location. Now the prices are gone up and selling the flat without parking is difficult. Its like trap, we have been forced to accept whatever builder says. Without parking no one would have bought flats here. Case 1: accepting the open car park - difficulties involved. 1. Cars will get damaged by rain and sun. 2. Need to walk in rain and sun to the car parking. If have some luggage then again you need to walk in rain. After effects of walking in rain like cold and fever .. etc 3. On hot summer's your car will be too hot inside, that too having small infants is again another difficulty. Case 2: Accepting Multi Level parking. 1. It will be away from your block around some corner of apartment complex. 2. The space allocated for tennis court(play area) is gone for ever 3. Walking in the sun and rain again an issue. Case 3: If I don't agree with case 1 and Case 2 Planning to sell the apartment and get compensation for the failure in allocation of parking space. How much compensation we can claim in these 3 cases ? Is there any calculation for it ? The builder is converting an open space marked for playground to Multilevel car parking facility. Can this be stopped ?
Builder cannot convert open space marked for playground into parking area without consent of flat owners as they bought flat on basis that there is open playground I complex for children
2) for parking slot accept first option
3) litigation is long drawn process . Take possession of flat then move consumer forum against builder for refund of payment made for parking slot
As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building.
a developer cannot take common passage/lobbies or staircases out of the purview of `common areas and facilities', it is unreasonable to say that parking spaces do not fall under `common areas and facilities'. It is not necessary that all flat purchasers must actually use `common areas and facilities' in its entirety. The relevant test is whether such part of the building is normally in common use. The promoter to describe common areas and facilities in the advertisement as well as the `agreement' with the flat purchaser and if a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser. Insofar as the promoter is concerned, he is not put to any prejudice financially by treating open parking space/stilt parking space as part of `common areas' since he is entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat. `stilt parking space' is not covered by the term `garage' much less a `flat' and it is part of common areas. The court said that stilt parking space/s being part of common areas, the only right that the promoter has is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither a `flat' nor a `garage' within the meaning of under Section 2(a-1) of MOFA, cannot be sold separately. The promoter has no right to sell any portion of such building which is not ‘flat’ and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.
This is the rule about parking space in the apartments.
You can very well approach consumer forum for the deficiency of service by the builder in this regard.
The builder cannot convert the open space marked for play ground in the approved plan for building multi level parking.
If the proposed construction violates the rule or the layout plan, then you may approach civil court with suit for permanent or mandatory injunction restraining the builder from going ahead with his proposal for construction of multi level parking.
You should not cept the return of money for any reason and should send him a legal notice demanding your rights as per sale agreement agreed conditions.
After that to enforce the same you may approach consumer forum for relief,compensation recovery.
1. There is no criteria to compute the compensation. The courts generally award an amount that meets the ends of justice.
2. The builder can certainly be stopped from converting the space earmarked for playground into a car parking. To this end a suit for injunction should be filed against him.