Regarding car parking allottment by builder.
Bharat Pasi
(Querist) 28 September 2013
This query is : Resolved
Hello,
I have booked a flat in Jan 2011 and now getting possession of it. As per agreement possession suppose to be given in March 2012 but it is delayed and builder not giving any compensation for it. Apart from it builder has sent an email with below contents. Now builder allotting parking to flat owners and using dual methodology in allotment. For many flat owners parking allotting in sequential order like 101, 102, 103 etc but for some of the flats allotting randomly to give them favor. To me also intentionally allotted random parking to give favor to some other flat owners. whereas as per sequence it was suppose to come next to my neighbors parking. I have already talked to builder but he is not ready to talk on this matter. please suggest what can be done because allotted parking is very small and SUV or LUV vehicles wont fit over there.
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As per the latest Supreme Court ruling a Promoter/Developer cannot sell or allot car park spaces
as these spaces have been declared as “Common Areas”. Therefore, the society, on its conveyance,
has to allot car parking spaces. Essentially, this means that all flat purchasers, as part of the Society,
will be involved in allotting parking spaces. To ensure that all flat purchasers are in agreement with this,
they have to sign a Memorandum of Understanding stating that they agree to allot car park spaces amongst
themselves and that the Promoter /Developer has no right and has not allotted any parking space to any flat
purchaser. Kindly arrange to visit our office on any working day to sign the MOU.
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Sudhir Kumar, Advocate
(Expert) 29 September 2013
your contract to sell car parking has frustrated due to subsequent illegality and none of the party can derive profit out of the same.
On the same time builder's margin comes down and even you contract to buy flat at agreed price also failed due to subsequent illegality.
Earlier the flat owners were individually paying the price of space meant for parking now they will pay collectively.
Rajendra K Goyal
(Expert) 29 September 2013
For delay in handing over of the flat you may claim claim compensation through the consumer forum.
For allotment of parking space you may take stay / file suit in civil court.
R.K Nanda
(Expert) 29 September 2013
NOTHING TO ADD MORE.
ABDUL RAZIQUE
(Expert) 30 September 2013
Well advise, nothing to add more.
