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Builders have no right to sell stilt parking: SC

Page no : 2

kushal D dodia (student)     05 January 2011

we have Bought The Parking in year 2004 & 2005 from the Builder.&  Before the bench mark given By Supreme Court on 31.8.2010. that Builder Cant sell the Parkings.

now society is charging for Parking the car & Bikes & etc.

We park our Vehicles in Parking Itself & then we need to pay Charges..? is it Legal...! is it neccessary...? buying a parking & also paying the charges does fits in...!

so what must be Done..?

Do Reply soon...!

Adv.Husain (Advocate)     06 January 2011

thanks a lot for the knowledge..!! will go through the judgment..!!

rahul (director)     29 September 2012

 

 

When i counter the builder with SC judgment dt 31-08-2010 about builder cant sale car parking, then gurgaon builder are saying that this for maharastra ownership flat act.. not applicable to haryana flat ownership act 1983.. 

I agru with them that SC order is applicable in all india.

 

when i give them haryana flat ownership act 1983, copy and draw their attention on section 3(1) and 3(f)(3) of haryana flat ownership act 1983, they keep silent.. because in this act i.e. haryana flat ownership act 1983  too, saying  car parking comes under common area and car parking is part of apartment.

 

when I sent then a RTI reply from DTCP, chandigarh saying that builder cant sale car parking slot..

they are saying that didn't  factored  car parking in super area., so  we increase the super area in your billing and you pay.. this they are saying after 1 year.. which they can say at this stage. this is what my argument.

 

 

 

do u have any order / judgment of delhi high court or haryana/punjab hight court for this matter..

 

 

also..

 

what cases i can out on builder to get this done... i dont think consumer forum as fast in passing orders.

 

can i file complaint case to MM court.. with criminal application.

 

please reply

rahul (director)     29 September 2012

 

 

When i counter the builder with SC judgment dt 31-08-2010 about builder cant sale car parking, then gurgaon builder are saying that this for maharastra ownership flat act.. not applicable to haryana flat ownership act 1983.. 

I agru with them that SC order is applicable in all india.

 

when i give them haryana flat ownership act 1983, copy and draw their attention on section 3(1) and 3(f)(3) of haryana flat ownership act 1983, they keep silent.. because in this act i.e. haryana flat ownership act 1983  too, saying  car parking comes under common area and car parking is part of apartment.

 

when I sent then a RTI reply from DTCP, chandigarh saying that builder cant sale car parking slot..

they are saying that didn't  factored  car parking in super area., so  we increase the super area in your billing and you pay.. this they are saying after 1 year.. which they can say at this stage. this is what my argument.

 

 

 

do u have any order / judgment of delhi high court or haryana/punjab hight court for this matter..

 

 

also..

 

what cases i can out on builder to get this done... i dont think consumer forum as fast in passing orders.

 

can i file complaint case to MM court.. with criminal application.

 

please reply


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