Builder is not providing permanent parking & parking letter

Querist : Anonymous (Querist) 29 May 2024 This query is : Resolved
Respected SIR & MADAM,
Please guide & help us what should we do for below concerns against builder.
As per our agreement, Builder must give permeant cover parking to all C18 flat owners.
We got soft possession for flats and out of 124 flats, builder allocated temporary parking to 36 flats owners but not permeant parking stating that we will get permeant parking after 1 year.
As per info, it is only because, current availed parking is sold by builder to another upcoming building & that new building C16 is purchased by the one marketing company for sales purpose whereas they demanded the parking in front of the building hence builder is decided to give our same parking as temporary now and later they will give permanent parking far aways some ever else as this is 25 acer projects.
Yet builder is not given us building completion certificate nor parking allotment letter & layout. Hence, we are requesting to builder to provide us permanent parking & parking allotment letter, layout but they are not even giving us temporary parking mail nor permanent parking.
We already paid them 95% amount after 95% construction completion. Builder showed some flats parking area completion and took OC completion certificate for government and from last 2 months builder is asking for the reaming 5% payment and blackmailing for heavily charges if not pay.
But we are requesting builder to give use same parking as permanent and take reaming 5% amount immediately.
1. In actual case, if we are not getting permanent parking because unavailability of parking then it is means 100% construction is not completed still how they got Completion certificate / OC from the Government?
2. In the agreement don’t have any word about temporary parking. Is it legal to provide temporary parking? What should we do?
3. Shall we raise RERA, Consumer case for the same concern as builder is forcing & blackmailing for the remaining 5% payment without giving permanent parking.
4. Shall we pay remaining amount now if we will get permanent parking after 1 year?
5. Would builder really charge penalty if pay remaining 5% amount after getting permanent parking?
6. Yet our committee / society is not formed so shall we raise individual complaint or together for all 36 flats?

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Quick Summary

Flat owners are in dispute with their builder regarding the provision of permanent parking spaces as per their agreement. Despite paying 95% of the amount, the builder has only allocated temporary parking, allegedly selling the permanent spots to another project. The builder has also failed to provide a building completion certificate and a parking allotment letter. Owners are questioning the legality of temporary parking and the validity of the occupancy certificate, considering legal action through RERA or the Consumer Forum.

kavksatyanarayana (Expert) 29 May 2024
You all together file a case against the builder in Consumer Forum.

T. Kalaiselvan, Advocate (Expert) 29 May 2024
You first take up your grievances in this regard with the builder individually and look for the desired remedy to this.
If he fails to respond then you can plan to contemplate a complaint through consumer commission.
2. The builder will try all types of gimmicks, if you foresee this as a ploy to cheat, you can object to it.
3. It would be too early to approach RERA.
4. You can decide based on prevailing situation.
5. If the builder is ready with the possession and if you are not willing to take possession or not paying the balance amount then he may initiate action as per agreement.
6. See the first answer above

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