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narkank (software engineer)     01 June 2010

CarParking Allotment in Apartment in hyderabad

Hi All ,

I have purchased a flat in Hyderabad along with car parking. the thing is there is lot of confusion in allotment of car parking for me every one in the apartment fights with me regarding the car parking we have taken this matter to the builder he has changed my car parking place several time in this 7 years but still the matter is not settled. Even the builder is big cheat. Builder is not willing to give me car parking now, so he is playing cheap tactics, I want to know the legal process to get my permanent car parking place in the apartment. Please help me out I am in problem I will be great full to you if any one suggest me some way.  



Learning

 8 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     01 June 2010

as a matter of rule, if any body purchases flat then accordingly he is entitled for parking if parking area is available, as in your case parking area is there therefore each of the residents have right to park their vehicle,

similarly stands true for you, if car parking space is not allotted to you, then

what as a society or as a member of appartment you can do allot the several place to the flat, for e.g. this parking area for bikes and this other area is for cars, who haves car and who have bikes separately near the parking area just indicate flat numbers who can park over there.

In case of builder you cheating you, you can file a case cheating for not providing car parking space.

Regards

narkank (software engineer)     01 June 2010

sir thank you for your quick reply.

My problem is there is parking place alloted to me but they are changing my carparking place frequently. my apartment does not have any society. Even Builder has changed my parking place for more than 3 times. Now he again changed my place where i cant park my car. so i want a legal process where i can get my proper parking place please explaing me the detail legal process. can you plz give me your contact number so that i can explain you my problem clearly

regards.

 

 

 

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     01 June 2010

yes my contact number is 97371 22621, but i prefer you call me up at my office time i.e. after 08.30 P.M.

call me up on phone i will explain you total legal process,

well you first need to send builder legal notice, then you can file a case.

Regards,

m.kupparaju (Advocate)     11 June 2010

Dear Narkank,

In Karnataka while execution and Registration of  the Sale Deed for Apartment by the Builder, he will include the Carparking in the Schedule of the property, stating that whether covered or uncovered carparking earmarked with your apartment No. in the parking area/stilt floor after collecting sale consideration for covered/uncovered carparking.  You are the absolute owner of the parking area covered/uncovered by registering the Sale Deed in your name.  No body can infringe your right to park your car in the area earmarked as per the registered Sale Deed.  If the Builder changes your carparking frequently, you can send him a legal notice through an Advocate, claiming for your right as per Sale Deed.  If you have paid consideration amount for car parking area viz., covered or uncovered, you have got absolute right over it, go ahead and claim it.

Best of luck.

Santosh Krishnan (Software Engineer)     22 January 2011

Hello Mr Kupparaju,

I have a somewhat similar problem in Bengaluru. I need advice on what options i have to take action against the builder. When i had come to check out the apartment the builder showed me a car parking space and i was satisfied with it. At that time the parkings were marked with red chalk and showed my apartment no.

After the registration and sale deeds were signed and completed and i decided to move in; i was surprised to see that the builder asked another apartment owner (Mr. X) to take up the parking space which was promised to me. No intimation was given to me. He asked me to occupy Mr. X parking space which was IMPROPER as there is a pillar in betweeen and which i have disagreed and asked for either the original parking. Note that this IMPROPER parking space depicts the number of the apartment owned by Mr. X. Since the association is not yet formed; the builder has not shared the parking allottment design document and also not willing to share it with us now to see what allocations has been made. The builder is not coming forward to solve the problem and avoiding meeting us till the association is formed so that he can quickly handover the documents and disappear. I feel cheated and dont know on how to handle this situation.

He keeps assuring me that he will give me a parking; but i dont trust him as he has never kept his promises till date and i am afraid that he would have changed the parking document numbering and put my apartment no in Mr.X place and vice versa. This is getting dragged for the last 6 months and i have to park randomly whereever i find a free space. Note that all apartments are booked and parking space allotted. Only me and this other apartment owner were the last two buyers.

Please guide.

With Best Regards,

Santosh.

V.T.Venkataram (Advocate and Consumer Activist)     24 January 2012

I differ with Mr.Kupparaju.Builder cannot sell or allot any car parking area as per the jdgement of the Apex cort.

sreenivas (executive )     25 March 2012

Ours is a 40 flats in 4 floors and shoping complex in ground floor and we have cellar for car parking. while alloting car parking our builder had alloted car  parking for other flat owner who is side of our building and  both the building were built by our builder only. can we stop our builder to stop the allotment of car parking to outsider . please advise

shery (NA)     21 September 2014

Hi, I have purchased a property 8 years back in Hyderabad which is under GHMC limits. The property is built in 300 sq yards and initial plan of the property was to build 5 apartment, in which 3 flat were registered with car parking and other 2 flat was not registered with car parking. When the construction is complete the builder added two more apartments illegally and another pent house on top of it and he sold to his family members taking cash directly, not sure if they are even registered but latter they seems to have applied for regularization LRS.


The problem raised with car parking and builder did not mark the car parking space who purchased and registered, and he also stays in one floor in the same apartment. The builder along with his family members are fighting and telling that even top floor who regulaized LRS have car parking and now no proper car parking space is available, he cannot mark it, people have to adjust and live, this is creating lot of mess, as someone parks car behind my car and they leave to somewhere and if i want to take my car, I cannot take it out as it is impossible to take the car out.


Not sure what action can be taken on the builder, i have a big fight with the builder on this and now he is telling that , I have not taken money from you, you can do what ever you want and this guy is telling now car parking space for your car and now allowing me to park even in building, these guys are not even listening.


My registered sale deed clearly metions flat number and car parking, but i am not sure what to do. I am worried can you please help me.


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