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Sravan Kumar   07 May 2021

Car parking allotment issue- ramky gated community hyderabad

Dear Esteemed Advocates,
Can you please shed some light on
Car Parking allotment process by Builder.

I have purchased a Flat in Ramky apartment Hyderabad from Landlord's share.
In Sharing agreement between Builder (Ramky) and Landlord, there was mention of the Flat numbers, but, regarding parking slots nothing has been mentioned.

The main issue here is, there some narrow parking slots and Open to Sky Parking slots.
After 2 years of continuous follow ups and chasing, Builder Ramky has agred to allot parking.
But, he says, he will do the lottery only for the flats who bought with Ramky.
For flats who bought from Landlord, he is asking to check with them as he has allocated to them now.
(Whcih we dont have any information until now).

1. Isn't it a Builder's responsibility to allocate parking for all - irrespective of flats bought from Landlord or Builder?

2. In sharing agreement there is nothing mentioned about which parking slots falls under builder/landlord, So, how can he do that now?

3. Despite chasing him for 2 years, he never mentioned about this segregation until today.
What can be done from our side?

4. All Buyers (both who purchased from Landlord and Builder) are saying this is a divide and rule game.
How to act further on this.

Please guide.

Your earliest response will be highly appreciated and will be very helpful for all the residents of Ramky here.

Thank you!


Learning

 9 Replies

Trivendra Sharma (Practicing Lawyer 9918411669)     07 May 2021

It is builders responsibility to provide 1 car parking space. Car parking in indivisible to Flat. You may take online record from RERA website and file complaint in RERA for car parking. 

2 Like

Sravan Kumar   07 May 2021

Thank you, Trivendra Sharma Sir. 

Can you please confirm on this?

So, Isn't it a Builder's responsibility to allocate parking for all - irrespective of flats bought from Landlord or Builder?
Or can he allocate parkings to landlords and then ask people who purchased from landlords to cehck with him?

Just trying to understand the law here. 

 

Thank you again, for your time and guidance.

 

Trivendra Sharma (Practicing Lawyer 9918411669)     07 May 2021

You have to check from RERA record who is developer/builder of project. It is the responsibility of developer/builder. Ownership of plot does not matter. 

1 Like

Adv Keches Shilwante (Partner @ Legal Biceps)     07 May 2021

Car Parking space comes under the definition of a common area. Till the time co-op society is not formed Developer/Builder is the trustee of the common area and he has the right to allocate the parking space to the prospective allotee. Once a co-op society is formed then society accordingly the bye-laws can allocate the parking space to its members. After the formation of society builder/developer or Landlord has no role to play in the allocation of car parking space. So approach the Society. 

1 Like

Sravan Kumar   07 May 2021

Sir, What in case if the society is not yet formed. 
Ours is a new building and still under Builder's maitenance period. 

Its almost 2 years now/end of maintenance period now and the Builder Ramky is playing this divide and rule game now. 

Advocate Bhartesh goyal (advocate)     07 May 2021

In your case it's builder's responsibility and he alone responsible for the any action initiated by any occupier of flat in this regard..

1 Like

Pradipta Nath (Advocate)     07 May 2021

Without any doubt, it is the responsibility of Builder to allot car parking to buyers without any biasness.

1 Like

Sravan Kumar   09 May 2021

Thank you for taking to reply., Sir.

Can you please point me to any ACTs or Legal rights or sections on this.

Intension is to sort this out with discussions first.    If not, I am sure we will be approaching you for better guidance and our rights.

Vijay Kumar Pothuraju   22 February 2022

Our Apartment consists of 6 Flats(2 x 3 BHKs; 4 x 2 BHKs). Here builder has provided 6 Car Parking slots as common parking. Now concern in that is,  2 parking slots are independent ones(straight parking. No dependency) and the remaining 4 slots are 1 over 1; i.e into 2 x 2;  front and back car parking. In this, How we should choose/assign the slots?. Is that fine, if we take on first come and first served basis i.e By registration date? or By UDS area of the flat? or Any law Section to follow?. Or Rotational parking in the 2 indepedent slots? Please reply...


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