• Stilt Car Park promised by builder, not delivered

Sir, My agreement with the builder states that I am entitled to a stilt covered car park. However, the builder has allotted a car park that is in the stilt floor but is in the corner of the building that was not covered by the concrete ceiling as others. Instead, he provided a false roof using tensile material. Is this a violation of the agreement? Can he charge us the same amount that he charged to other stilt covered car parks that is directly under the building?
Asked 3 months ago in Property Law from United States
Religion: Hindu
1) you can request builder to allot you another car parking slot as your slot is on corner of the building with no concrete cieling 

2) in case builder refuses to change the slot ask him not to charge you   for said slot 

3) car parking slots  form part of common areas And builder cannot car parking slots 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
Well, it i not prescribed that stilt parking space must be a covered one. it can be in open ground as well.
Refer to your sale agreement as regard the parking space
Your grievance if any lies only if there is breach of agreement regarding the parking space mentioned in the sale agreement.
If it is indeed a breach then in default of correcting the deficiency you can file case n consumer forum seeking allotment of stipulated parking space along with compensation.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
Obtain no dues certificate from builder 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
Yes the action of the builder's violation of agreement. The builder has to allot and provide a car parking: by concrete ceiling. Court wanting allotting a false proof is amount to a violation of the agreement. You have to insist the builder for providing a car parking in roof covered by concrete ceiling as other wise deducting the car parking amount from total value. the builder will settle the issue and will give noc.
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
The builder is obliged to provide a covered car park only. If the location of the space is mention in the sale deed specifically then he must to provide the space in that area. The word Stilt parking is use at the place where roof at parking place is available,The purpose of using such kinda parking place is make safe your vehicle by atmospheric calamity and sketches which can marked by other vehicle when parking is not in relevant manner so such good parking place save your vehicle's exterior accessories.

The builder will provide a covered parking by using with tensile material is not a violation of agreement
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
A. Generally, car parking slot has to be mentioned in the Sale Deed with the flat number, UDS and super builtup area but no car parking slot number could see in the same agreement. Some builder will issue separate letter by allotting number towards the car parking slot. Moreover, the car parking area would come under the common area which cannot be charged. And sometimes car parking slot determined by the builder depends upon super builtup area.

B. In your case, you can demand to exchange car parking area instead of present car parking slot and the builder reserved more than two or three extra car parking for visitors or their use. First, you have to get still floor plan to know all the car parking areas and identify the remaining car parking area which is not allotted to anyone and tender demand for that area.

C. We cannot come to conclusion as to it is violation of agreement unless verified the clause of the agreement in respect of car parking area. For Your Information, the builder not having right to claim charges towards the car parking slot because of it is treated as common area as confirmed by the Supreme Court.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1. This is a blatant violation of the contract, resultantly you can sue him in the consumer forum to obligate him to deliver stilt car parking to you along with compensation. 

2. He should not charge you the same amount that he charged the other owners who got a stilt parking. Tender the money under protest so that you do not forfeit your remedy,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi 
1) Stilt floor is part of common area belonging to all owners and part of undivided share of land. 
2) If the Builder has specifically sold you the car parking specifically mentioning that car parking will be allotted in the Stilt floor,then legally he should have some additional FSI (Floor Space Index) which should be outside the common area belonging to all owners and part of your building approval plan. This is highly unlikely if your apartment complex comprises of less than 30-40 flats. 
3) Hence you are advised to withhold some portion of the payment due to the builder.
4) Please advise your builder to provide you a covered (RCC roofed) stilt parking area as promised in the sale deed/ agreement of sale with the builder and also handover to you the car parking allotment letter. 
5) Please do get a no-dues certificate from the builder so as to avoid any future claims from the apartment resident welfare society/ Builder.
Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1. It is certainly a violation of the terms of the agreement for which he can be sued before the Court of Law,

2. File a complaint case before the local District Consumer Dispute Redressal Forum  alleging deficiency in service and unfair business practice claiming allotment of concrete covered  car parking space as has been allotted to others or pay damage and ost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. Has the sale deed of your said flat been registered?

2. if no then the builder may refuse to register the same with out receiving the amount with held by you.

3. If the sale deed of the flat has been registered by the builder in your favour and you have already its possession in writing then you can withhold some of your dues and adjust it with the compensation to be paid by the builder as suggested above.

4. Get such appropriation recorded and take a no due certificate from him in connection with the payment due to the builder.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Stilt Car Parking space in a co-operative society is the space which is not open from top, meaning thereby that it is under the stilt or the building constructed for the flats. It is having a ceiling. It is having a roof on its top.
Can a builder sell an open or stilt car parking area to the individual house owners? In the absence of bylaws and guidelines to sell an apartment, even open car parks are being sold in an apartment complex in many Indian cities. The purchasers in the apartment complex cannot claim partition of their UDS of land and the same shall remain alienable but undivided and impartible.
In a landmark judgment in 2010, the Supreme Court had ruled that open or stilt car parking area cannot be sold or treated as flat or garage and sold to individual flat owners, but at the best be treated as ‘common area’.
Therefore the agreement itself containing 'stilt parking' area is not valid hence any case filed on the basis of an invalid agreement shall not be maintainable.
However you can issue a legal notice to the builder demanding the return of the extra money collected for allotting the stilt parking area and you can drag him to consumer forum for deficiency of service. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
I have withheld some amount with me as a precaution. What should I do in case I am not required to pay the same amount as other stilt covered car parks? Is it enough if I get a no-dues receipt from the builder?

The builder is not supposed to charge you extra amount in the name of separate parking. 
Recently, the Maharashtra State Consumer Disputes Redressal Commission has held that a builder has no right to sell stilt parking or open parking, both of which are part of common amenities.  The housing societies have the right to allocate the parking lots for the residents and thus safeguard interests of all flat-purchasers.
Therefore you can withhold the amount to be spared for the parking purpose quoting the relevant rules.  
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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