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GAURAV SINGH   24 October 2021

Need legal advice regarding apartment car parking issue

Respected Eminent Members of "LAWYERSCLUBINDIA",

Can you please give me some Legal Advice regarding the Car Parking Space Issue I am facing in my building?

Issue: - The parking space allotted to me is not sufficient to park a standard 4m length car conveniently and is smallest of all other parking spaces allotted to all other flat owners. Out of 20 flat owners, 4 were even allotted double spacious car parking also. I have been allotted leftover parking space which is smaller than all other parking spaces. 

Details: - I have purchased a flat in a 20 flats building in Hyderabad. Booked on 23rd August, 2018, Registered it on 15th April, 2019 and moved in on 16th April, 2019. An association of Flat owners is formed which is registered. 

Builder had allotted parking on 1st March, 2020 in my Absence. He informed me through sms about parking allotment just one day in advance and at that time I was travelling very far from Hyderabad (Delhi to Shimla). He replied to me through sms that parking will be allotted through Lottery. However, when I came back I came to know that the builder had allotted only Stilt/ Ground floor parking to some residents through a Lottery in which the names of only few selected members were included. And in Cellar/ Underground space, builder had allotted parking randomly including double parking to four flat owners. And the leftover narrow parking space was left for me. In the Flat Registered Sale Deed "Car Parking" is mentioned but not the area and location of car parking. 

I have been requesting the building to allot me a proper spacious parking since March 2020, but he is just ignoring me by telling me that he will come and sort out the issue, but till date he has never come. 

I feel he has not allotted parking fairly and transparently and has allotted double parking to some residents to earn extra money. 

What are the legal options available to me to get a proper spacious parking like others?? Can I approach Consumer Court or RERA? How? Any Lawyer's help is required? 

The building construction started in 2014 and finished in Dec 2018. I do not know whether it comes under RERA or not?? Is there any time limit to approach the Consumer Court and RERA??

Waiting for your kind Replies

Thanks and Regards

 



 3 Replies

G.L.N. Prasad (Retired employee.)     25 October 2021

Contact a local advocate first, and issue a notice both to the builder and society, and let them confirm their stand on partisan attitude in an allotment, which may amount to arbitrary and one-sided conditions imposed without your knowledge and consent.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 October 2021

According to apartment acts, you are not allowed to cover or repurpose parking spaces. How much space is allowed for parking? As per the National Building Code, one car parking space must not be less than 13.75 sq meters. For a 2-wheeler, it must not be less than 1.25 sq meters.

1 Like

GAURAV SINGH   27 October 2021

Shri G.L.N Prasad Sir, Thank You So Much for the reply and informative Suggestion!! I will follow the same. 


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