Tin shade parking

Rohit Telang (Querist) 15 March 2020 This query is : Resolved
I purchased a flat in Hinjewadi,pune in a township project.The society was formed.In the agreement regarding parking the builder has written Exclusive car parking.After the allocation of the parking slots 180 members out of 800 were allocated tin shade parking in the compound of the society .Its an open parking with a fibre roof overhead with other sides open to rainwater and dust.Others got the stilt parking.The builder has refused to listen to the affected members.He has taken Rs.300,000/- as other charges which we believe are parking charges.We gave him options like constructing an RCC parking on Tin shade parking space or give us back Rs.300,000/- with interest.He refused.Do we have a strong legal case? If yes,how and where to file and the cost of it?

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A homeowner in Hinjewadi, Pune, received a basic tin shade parking spot instead of the stilt parking promised in their agreement, despite paying significant charges. The builder has refused to offer solutions like an RCC upgrade or a refund. Legal advice suggests that car parking is typically a common area and builders cannot sell individual parking units. Options include pursuing action through RERA or the Consumer Forum, potentially after issuing a legal notice.

Raj Kumar Makkad (Expert) 15 March 2020
You first check whether the said amount of Rs. 3 lakh has been charged for the stilt parking space or not and if not then it shall be very difficult to take the desired action against him otherwise this is very good case to be initiated before RERA.

Rajendra K Goyal (Expert) 15 March 2020
Whether builder can construct concrete shed in open area as per approved building plan?
Whether BBA confirms delivery of silt parking ?
On what basis stilt parking was allotted to some of the allottees?
Do you fulfills those conditions?

Rajendra K Goyal (Expert) 15 March 2020
Have you asked / wrote to the builder regarding details of other charge, if so, what was the reply?

What is the contract as per BBA for Stilt parking?

If the parking was not allotted as per BBA / details of other charges not given, move to RERA or Consumer forum for resolution of the sdispute.

Advocate Suneel Moudgil (Expert) 15 March 2020
since the matter involves a lot of understanding, as asked by the experts, therefore, I advise you to contact a lawyer along with the relevant documents for concrete advice and action.

T. Kalaiselvan, Advocate (Expert) 17 March 2020
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. ..
. At times, if this is not practiced then the residents claim ownership of the parking spot.
you must know that a builder is not authorized to sell car parking spaces as individual real estate units.
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.
A builder has to provide a certain number of parking spaces basis the number of units of houses. 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.
You can issue a legal notice to the builder instead of bargaining or negotiating with him.
The builder being giant may just ignore your oral claims or verbal talks, hence you may step into proper legal action on this by first issuing as legal notice and then followed by action through consumer forum for relief and remedy

Rajendra K Goyal (Expert) 17 March 2020
Agree with the expert, you can move to Consumer Forum. Notice is not mandatory in such cases.

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