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Rajeev (Owner)     14 April 2011



Recently I purchased a flat from a reputed builder. At the time of purchase of flat, it was told that purchasing car parking was not compulsary.

Now the builder is forcing me to buy the car parking and is refusing to execute and register the agreement stating he will not do it unless i pay for the car parking.

As of now he as taken 75 % of the payment for the flat and threatning to refund the amount.

As per recent Supreme Court Judgement, a builder cannot sell car parking.

Please advice




 2 Replies

Naveen Kumar (service)     04 May 2011

Hi Rajeev,

     You are right, As per recent Supreme Court Judgement, a builder cannot sell car parking.  But most of the purchasers blindly pay for it.  If the builder fails to register your property you can file a case before the court for Specific Performance.  I hope that you have entered into an agreement of sale.  If you want the detailed judgement mail me i vl send it to you.

ambrish (service)     04 May 2011

Car parking is common utility service which should be part of bye laws and rules for residents.

We recommend to read a very nice book on this subject :

‘A legal guide on precautions before property purchase’ In Hindi Language.

Book is available at : Nirdaliya Publication, Mr. Kailash Shrivastav, F-35, South T.T. Nagar, New Market, Bhopal (MP) 09424443401, 07552772406. preview availlable at



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