Parking allotment

This query is : Resolved 

Online (Querist)
02 May 2021

I am residing in a big township in Pune built by a topmost builder of Pune. In the agreement the builder has mentioned Exclusive Car Parking and he has taken Rs.3 Lac as Other Charges which we believe are parking charges.The allotment of parking was done by the builder in a totally non transparent manner and out of 840 owners 150 owners were given open parking with a Tin roof over head, rest were given stilt parking.We protested and sent the builder several emails asking him to give us stilt parking or give us back Rs.3 Lac he has taken as Other Charges.The builder has ignored our emails and not given explanation regarding Other charges.The builder is not showing the approved parking plan issued by PMRDA.
The parking for stilt parking is also not done in a serial no. method nor was it done on first com first basis but was done by the builder on his own..By taking parking charges as other charges and giving us open parking the builder has cheated us.My question is whether we can approach the district consumer forum in the matter?What are our chances of winning the case?What will be the lawyers charges,if we proceed for the court case?How much is the court fee?Waiting for your reply.

Dr J C VashistaOnline (Expert)
03 May 2021

1. Parking can not be sold by builder.
2. Whether you have taken over possession of the flat ?
3. Whether parking has been approved as separate slot for all flats in sanctioned plan by competent authority.
It is advisable to consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional guidance and necessary proceeding.

Advocate Bhartesh goyalOnline (Expert)
03 May 2021

Parking space neither can be sold nor purchased. Builder has to handover parking space and other common area to society ( formed by flat owners ) and society has to make rules for it's utilization.Builder's such act comes under the ambit of unfair trade may file complaint before District Consumer Forum.

Sankaranarayanan Online (Expert)
03 May 2021

i do stand with experts

T. Kalaiselvan, Advocate Online (Expert)
03 May 2021

Open /Stilt parking, visitor parking and basement parking is not included in FSI calculation.
Two wheeler or car parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
So, if there are a limited number of parking spots, then the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spots to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.
A builder has to provide a certain number of parking spaces based on the number of units of houses. According to the National Building Code, one car parking space must not be less than 13.75 sq. meter. For a 2-wheeler, it must not be less than 1.25 sq. meter. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Buyers must check the Builder-Buyer agreement specifically to check if they are paying for their parking slot. The builder must provide parking if he has charged for it.
You can issue a legal notice to the builder demanding the refund of the excess amount he had collected or demand him to provide proper parking space after which you can plan to drag the builder to the consumer forum for releif and remedy

ashok kumar singhOnline (Expert)
03 May 2021

agreed with views of earlier experts, therefore no further comments, so far.

kavksatyanarayanaOnline (Expert)
03 May 2021

The builders sell the flats with common area and in some cases with parking area also. How did you purchase it, either with a parking area or without a parking area? In most states, the total value of a flat will not be included the parking area. There will be a rate fixed by the government for the parking areas. The rates for the built up area includes common area and amenities but not parking areas.

Asgher MahdiOnline (Expert)
04 May 2021

How can you concludes other charges taken by the builder towards Car Parking? Did you ever asked builder about this other charges for what? Your entire agreements with the builder need to be check before giving any opinion how is your case stand for. Definitely , your case falls under Consumer Redressal Forum. Better to suggest you, goes through your known lawyer in this matter

Rohit TelangOnline (Querist)
04 May 2021

Re. your answer words exclusive car parking in response from builder on bifurcation of 3 lac as other charges.Parking allotment after flat possession and society formation and in a non transparent manner.Refusal by builder to show

approved parking plan.Discrimination in allotment.Can we approach consumer forum ?

Rohit TelangOnline (Querist)
04 May 2021

I have clearly stated that Rs. 3 lac were collected from everyone as other charges about which builder has not responded to show bifurcation of the amount.The parking allotment was done after possession and after society formation .The allotment method was secret and discriminatory as 150 out of of 840 were allotted open parking in the compound with a tin roof over head.The builder has not responded to any emails re this issue and re. approved parking plan.Is not our case strong?

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