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Purchase of flat-payment of parking charges

(Querist) 05 May 2012 This query is : Resolved 
I have purchased a 2 BHK flat at Mira Rd. Dist. Thane under MBMC (@ 1050 sq. ft. /carpet area quoted is 616 sq.) and paid 2 instalments to the builder. For a consideration of Rs. 42 Lakh, already paid as stamp duty charge Rs. 2, 52,200.00 and as Registration fee Rs. 30,000.00.
Now Builder has put a condition that before Registry, I have to pay him Rs. 2, 00,000.00 for covered parking. When I asked to issue a parking allotment letter, he says that in the "PREMISES OWNERSHIP AGREEMENT", he has already inserted following Clause, " 14. It is expressly agreed between the Developers/Co-developers and the Purchaser/s that the Said Premises shall be utilized for Residential purposes in case of residence, commercial activity in case of Shop or Commercial premises and garages/car parking space/area covered under the stilt, Podium shall be used only for parking vehicles pertaining to the Purchaser/s and for no other purpose or purposes whatsoever. The Purchaser/s agree/s not to change use of the Said Premises without prior consent in writing of the Developers, which the Developers, if they so desire, will be entitled to refuse. Any unauthorized change of user by the Purchaser/s shall render this Agreement Void/Voidable and the Purchaser/s, in the event, shall not be entitled to any right arising out of this Agreement."
Pls advise whether the aforesaid clause is sufficient and what laws say on this point / how should I deal with the Builder, as I don’t want to spoil relations with him from the beginning.
ajay sethi (Expert) 05 May 2012
it is unfortunate that inspite of supreme court laying dowewn the law that builder cannot sell stilt /open car parking lsots the builders are flouting the law with impunity .

builder cannot sell you car parking slot . inform the builder that you cannot afford car and hence cannot purchase the car parking slot . he cant force you to buy
Bishan (Querist) 05 May 2012
The problem is bulder is blackmailing that he will not register Sales Agreement which I am in urgent need for getting Bank's loan.
Pls suggest a way out in such situation.
Kishor Mehta (Expert) 06 May 2012

You need not bow down to the strong-arm tactics of the builder.

The only way out of this dilemma is to approach the Consumer Distress Redressal Forum and demand immediate possession of the flat as well as monetary compensation for the difficulties and hardships you have to face.

Kishor Mehta
Shonee Kapoor (Expert) 06 May 2012
Rightly stated, if you start getting blackmailed, there would be no end.


Shonee Kapoor

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