Sale of car parking area stilt/open area in mumbai

GOVIND CHAWLA (Querist) 24 March 2013 This query is : Resolved
RESPECTED SIR,

CAN YOU GUIDE ME WHETHER BUILDER CAN SELL CAR PARKING AREA STILT/OPEN AREA IN MUMBAI AS PER NEW DC RULES FOR BMC. AS ONE OF THE BUILDER IN MUMBAI IS SELLING PARKING AREA TO 2BHK (AREA 87R SQ FT) FLATS ONE PARKING AREA AND TURNING DOWN THE PROPOSAL FOR SELLING PARKING AREA TO 1BHK FLATS ADMEASURING CARPET AREA 384 SQFT. WHETHER 1BHK AREA HOLDER SHOULD PROCEED AGAINST BUILDER FOR SELLING PARKING AREA OR SHOULD DROP DOWN OF PURCHASING PARKING AREA PLEASE GUIDE ME. HE TELLS THAT SOCIETY WILL DEAL WITH PARKING LOT AFTER POSSESSION, I THINK WHICH WILL INFLATE THE PARKING AREA PRICE AT THAT TIME. PLEASE GUIDE ME AT THE EARLIEST.

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Raj Kumar Makkad (Expert) 24 March 2013
Parking slots or parking area now cannot be sold by builders as this is specific field to be dealt by the society as per its policy but society even cannot sale it rather it shall formulate its own impartial policy for the allotment of such slots.

Devajyoti Barman (Expert) 24 March 2013
Read the recent supreme court decision which has cleared all doubts regarding stilt parking space.

GOVIND CHAWLA (Querist) 24 March 2013
Thank you Sir,
Please tell me how to proceed with the Builder who is selling Car Parking Area to 2bhk Holders still building is under construction and he is also incorporating into allotment letter the amount of Car Parking area alloted.

Raj Kumar Makkad (Expert) 25 March 2013
File a suit for permanent injunction against the builder before competent court of law and get the desired results in the light of Supreme Court citation.

ajay sethi (Expert) 25 March 2013
dont purchase flat in said building . builder has protected hm self by saying that he is not selling parking slots only aloted them . society can later change allotment

Pradeep MK (Expert) 25 March 2013
In Maharashtra there are two Acts namely Maharashtra Ownership and Flats Act and Maharashtra Apartment Act under which the sale of flats are governed.

As per the provisions of these two acts stilt parking or open parking, stilt area terrace,are part of common amenities.These Common Amenties cannot be sold by any one as the same remain the properties of the society or the Association of the flat buyers and same cannot be sold to others. Even though now the builder is allotting the parking slot to the flat purchaser same may not be binding on the society and society or association later on can refute to recognise such allotment. In case the builder has taken money from you then you can approach under the Consumer Protection Act or under Competition Act to Consumer Fora or Competition Commission.