Parking query
rameez
(Querist) 03 August 2014
This query is : Resolved
We have booked an under construction flat with a reputed builder in kurla east in the year 2009. He commited to give the possesion by Decemeber 2011. The construction work was delayed sighting various reasons. Our payment was made to him regularly as demanded by him from time to time. Now the construction work is almost over and he has decided to give the possesion wing wise. Few flat oweners have occupied their flats in 1 wing of which he has started giving possesion about 4-5 months back. At that time he did not insist for parking amount from those who have already occupied. Now he is about to hand-over flats in 2 wings but now he has started demanding verbally amount in cash(no-cheque payment) towards car-parking space in stlit and basement area. Without making parking payment he is not ready to handover the flat. You are there-fore requested to give your advice on the follwing points.
1) Is he llowed to sell/allot car parking space by accepting any payment.
2) Since he is not ready to accept cheque and issue any receipt even against cash payment how can we file a suit againt him if any payment is made to him in cash.
3) What is the remedy left if we dont make him any payment than he will not hand over the flat to us(for those who are in urgent need of occuping the flats).
4) Can we lodge a criminal complaint against him in police with-out having any written proof of his latest demand? Since he is asking for car parking amount verbally through his staff.
5) If any flat owner makes the payment for car parking and receives a letter for car parking allotment than after society formation, society has any right to make it null and void?
Your advice is requested.
Rameez
ROHIT SHARMA
(Expert) 03 August 2014
Dear Mr. Rameez,
1. Check out the sale deed or sale agreement document. If the terms include allotment of car parking space then the builder cannot ask further more money.
2. It seems that his servants/employees are trying to take advantage.
3. If any flat owner makes the payment for car parking and receives a letter for car parking allotment than after society formation,then the society has no right to make it null and void.
4. Contact details of this lawyer can be obtained by clicking my name (expert) shown in the L.H. margin of this reply format for further private legal consultation.
R.K Nanda
(Expert) 03 August 2014
consult local lawyer.
rameez
(Querist) 03 August 2014
Dear Rohit
As regards your reply no 1 The sale deed states that purchaser agrees to purchase and developer agrees to sell flat no ____ admeasuring ____ sq mtrs (carpet area) (which is inclusive of carpet area of balconies and internal passage ) together with open/stack/understilt parking space no _nil in the said bldg.
As regards your reply no 2 The employees are saying they are obeying the orders of their bosses hence no question of their taking any advantage.
As regards your reply no 3 the judgenent os honourable court is placed below for your perusal:In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & ors. has prevented the Builders from selling or otherwise disposing of the disputed car parking spaces. The implications of the above said judgment is that even if the builder sells car parking space in the basement, a co-operative society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the society at its General Body Meeting.
Warm regards
Rameez
ajay sethi
(Expert) 03 August 2014
1) builder has no powers to sell car parking slot .
2)refuse to make cash payments .
3)issue builder legal notice for failure to hand over possession of flats and for demanding money in cash for parking slots .
4)society can set aside sale of parking slots by builder .
rameez
(Querist) 03 August 2014
Dear ajay
If a legal notice is served for failure to handover possession of flat could you just enlighten me as to how much approx time it will take to settle the matter ?
Thanks
With regards
Rameez
T. Kalaiselvan, Advocate 
(Expert) 05 August 2014
The legal notice will be time stipulated demand for the relief and requirement. You may consult a local lawyer and proceed further as per his advise and also you may verify his advises to the experts advises above oonform to his advises.
