The builder had promised but didn't deliver. File a case against the builder in the consumer forum for deficiency in services and unfair trade practices. Demand compensation.
I have a flat purchased and agreement registered under MOFA which entitles me to "one exclusive amenity attached to the flat being One Open Car Parking Space". However I have received possession after RERA was implemented and as per RERA the open car parking is property of the society, which now refuses to allot any parking to me, specifying I can only be allowed to use the common parking on a monthly/yearly rental basis. What are my legal options here if I want an exclusive car parking space for myself (open or covered)? The builder has also sold other flats with alloting more than one car parking space to them.
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The builder had promised but didn't deliver. File a case against the builder in the consumer forum for deficiency in services and unfair trade practices. Demand compensation.
One member one slot
if more than one slot has been allotted society can set aside allotment of car parking slots
3) open parking slots form part of common areas of society
4) society is prefect . You would be allotted car parking slot on payment of parking charges
At the time of registration do you have mentioned in the sale deed that exclusively parking and amount paid to builder towards it. If it's specifically mentioned in the sale deed then nobody can deny your rights from property.
1. Write a letter to the Society stating that your agreement was executed before RERA was implemented/introduced.
2. Mark a copy of your letter to the Registrar of Society for intervention.
3. If you find no response in next 15 days, file a Writ Petition against the Registrar of Society against its inaction making the Society also a party, directing the Society to allow you the car parking space as per the agreement you had entered into before RERA was introduced.
The builder cannot sell open parking space because it becomes the part of the common areas under the control of the association.
If builder has collected money for parking space ask him to return the same by issuing a legal notice or to allot proper parking space exclusively for your own use.
The car parking is a part of the society's common area which cannot be sold. The developer has no right to charge for this space. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking or garages.
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.
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.
Dear Sir/Madam,
You are suggested that present act of society is not as per the provisions of the sale deed and you are suggested to serve a legal notice and ask for the space designated for you and then file the case if the same is not complied by the builder.
- 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.
- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members
- Further, parking spaces are common spaces which belong to the housing society, and allotment of the same is at their discretion, and the same can be done by means of First Come, First Serve or however the managing committee deems fit
- You can file a complaint before the consumer forum against the builder and can claim refund of parking charged fee and also compensation as well.