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sdpkm (Services)     06 March 2012

Mentioning super built up area and car parking in agreement

Hi there, I have booked an apartment / flat in a new project in Pune. I am trying to find out answer to my query with draft of Registration deeds which Builder has sent to me. I am reading through the terms and conditions mentioned in the draft. The draft doesn't mention the loading area which is calculated as 30% of (Carpet + Terrace) area. Also the total area (Super Built-up area / Saleabe area is not mentioned anywhere in the draft. The draft has the details of only Carpet area and adjacent area. Also there is no statement on car parking which is to be alotted at he ground floor of the vuilding. When I ask these things to builder, they said that selling common area (30%) loading and car parking is illegal as per Govt acts, Now I am confused, if they are right or not? They have mentioned two acts in the document namely, 1. Maharashtra Ownership Flats [Regulation of the Promotion, of the Construction, Sale, Management & Transfer] Act, 1963 2. The Maharashtra Ownership Flats Act, 1970, Can you please advise if it is OK to go ahead with this agreement draft or shall I demand changes based on what could be legally correct? Thanks



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 2 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     06 March 2012

The Builder is right he now allowed to mention in agreement only carpet area

and as per supreme court order car parking space cannot be sold

 

rahul sarkar (SW Engg)     01 May 2012

Hi, I have booked a flat in Lohegaon. The builder has not charged anything for parking, though his infrastructure charges are high. In Agreement, He has not mentioned anything about parking...3 He told us it is as per supreme court's order.. He told us that he will provide a parking allotment letter at the time of possession. He has mentioned covered parking in booking letter & receipt. He has mentioned the carpet area, all specifications of flat and all Amenities to be provided with the flat. But not the loading area (30% of carpet area). Is is sufficient or not??? Do i need to consult a lawyer?? If yes can you suggest me some???

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