We need to see the builder buyer agreement or any other agreement to look at the specific clause which details right of space for parking for you and a similar obligation of the builder to provide so.
Parking space size
When I purchased 1 flat (1297 sq.ft) in 2016, builder have charged me 2.5 lakhs for 1 stilt parking which is mentioned in booking letter but haven't shown that price separately in no dues- detailed info of price. When I requested for additional car parking as I have 2 vehicles, then he asked me to deposit 1 lakh more and cancelled my 1st original stilt parking and alloted me back to back stilt car parking for 2 vehicles. The parking space in back to back is very less which is 13' long and 6' wide for 1 car and same for other. What can be the resolution for this as builder is not willing to accept the parking issue.
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
A legal notice to the builder must be sent immediately and a complaint under the consumer forum must be immediately filed for unfair trade practices.
You demand the builder to return the charges he collected for additional parking space citing the space crunch as reason and you can arrange to park your other vehicle elsewhere.
If the builder is refusing to return the same you may issue a legal demand notice based on the documentary evidence while you paid the amount this amount and alternately you an demand a better stilt parking space.
You can then follow it by further legal course of action, if becomes necessary.
If builder refuses to budge file complaint against builder before consumer forum and seek orders to direct builder to allot parking slot sufficient for parking your car
2)
noida development regulations
When parking space for cars is to be provided, it shall not be less than 20 square metres in open
area and under stilts & basement - 30 square metre per vehicle
2) As per CMDA regulations, the minimum size of a car parking space is 2.5 m (8’2”) wide and 5 m (16’4”) long
If the property is registered under Real Estate (Regulation and Development) Act, 2016 make a complaint to Authority. If the project is not registered under r.e.r.a. you can issue him lawyer's notice stating your grievance warning him of legal action. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019. You will get your parking space, cost of complaint and compensation.
Dear Sir/ Madam
You can send a legal notice to the builder seeking the allocation of the parking slot. If the notice is not given a reply, you can file a case in the District Consumer Forum.
- 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, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting
- Hence, as you have paid the charges , then you can recover the deposited amount from the builder after filing a compliant before the Consumer forum .
