Basement car park sale - Supreme Court Ruling
Bharath
(Querist) 07 March 2011
This query is : Open
Hi,
I am from a 3 year old apartment complex in Bangalore. All the apartments have been sold by the builder (except maybe a couple of which he retains for his personal use).
At the time of purchase all owners purchased car parking slots in the basement paying 2 lakhs each. Some owners purchased two slots. Now a few slots are left over and the builder wants to sell these as well.
As per the recent Suprement Couert ruling in Sep 2010, builders can no longer sell car slots alone. In fact, builders can only sell apartments and everything has to be handed over to the association after sale of flats.
The builders argument is that this pertains only to stilt car park slots and not basement slots which are mentioned in the sanction plan as car parking space. I disagree. As per my understanding, the basement is also a part of the "common areas" for which we have paid for. It is mentioned in our sale agreement as common area.
Could a lawyer please clarify if the builder is within his rights to sell extra car park slots? Please answer asap as we are having a meeting shortly with the builder and we are expecting some debate. Your answer will make all the difference. Thanks.
