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Punnyabrata (Service)     15 September 2012

Parking issue

Hi All,

We have booked a underconstruction property (flat) 2 months ago in Bangalore from a reputed Tier 1 builder with 1 Basement Covered Parking for 2.5lacs. This was mentioned in the application form cost breakup sheet. When the builder gave the Agreement it had the word Basement missing and only had "Covered Parking". When I raised it with them and after many to & fro mails & face to face meetings in the past 2 months they are now telling me that there is a shortage of 200 Basement Parking slots and I'm only eligible for a "Surface Covered Parking". When I asked why did they sell me Basement parking or charged the same as Basement parking when being alloted Surface parking and that both are not one and the same they are only giving us diplomatic answers. 

There are many more customers like this who have been cheated like me by this builder. We bought apples, they sold apples and now they are delivering oranges. Any remedies?


 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     15 September 2012

As per the application form if  they had mentioned about basement car parking and also mentioned the fees for it. so in writing you should ask them to reduce the charges.

Kindly provide a copy of the application form and the copy of the agreement so that proper opinion could be given. since it is not only you many other customers might have been duped so a legal notice should be sent to the builder through an advocate, asking to refund the money or face legal action.


but you need to act fast before he sells entire flats under construction and makes money out of it.



Advocate Rohit Dalmia



1 Like

Chandrasen Upadhyay (Legal )     15 September 2012

Dear Punnyabrata,

I assum the referred construction is governed by the Karnataka Ownership Flats (RPCSMT) Act, 1972 ("the Act"), and as per this applicable Act no one can book or sell a parking as parking area falls under "Common Area & Facility" wherein all flat owners have common undivided interest. This is the reason basement/ parking area is not considered in FSI of the construction. 

However the developers have customised a practice to charge handsome amount for parking and purchasers pay it which is completely illegal (but based on supply and demand rule). Parking area and basement is common area and hence it is property of Housing Society and not of individual owner / member hence Housing Society (after its registration) has right and power to scrap all the allotment/ booking of parking area and may allot a fresh. 

Nevertheless, in your case if you feel you have adequate papers to substantiate your claim, you may send a notice to Developer and may further move against him in the court (Consumer or under the provisions of the Karnataka Ownership Flats (RPCSMT) Act, 1972), you may also frame a criminal charge / case for misrepresentation etc. but chaces to suceed is very weak as you are a buyer and buyer must be aware what he buy. Further parking can not be sold hence it is unlawful contract for parking, so court may not entertain your case on this ground. This is my thought based on your half narration, it could not be considered as an exclussive opinion which you may please note.

If your construction falls under the Karnataka Ownership of Apartment Act, 1972 then above mentioned thought will be of no use.

1 Like

dinesh dubey (Program Manager)     16 September 2012

Hi All,


I need you help to undersand the issue of my parkign space, have taken flat in Jamshedpur after 1 year builder compeleted the parking and alloted but alloted areas is less than the mentioned on during sell, they have mentioned area as 9'3" X 16' , but allotes as 8'8" X16'. now when discussed with builder they are not ready to lsiten and giving diplomatic answer,

Please suggest what to do, shall i go to consumer forum or is there reference case  from consumer forum which i can refer and disccus with builder.


Dinesh Dubey


Punnyabrata (Service)     16 September 2012


Thank you Advocate Rohit & Mr. Upadhyay for the fast response. 

This is a very reputed builder in Bangalore (probably Tier 1) and the project is also BBMP approved. Therefore I think the same should be covered under Karnataka Ownership Flats (RPCSMT) Act, 1972. Now aware of law but in practice there is no builder in entire Bangalore who gives parking for free. I'm yet to find any. This is shocking to know that there is so much reckless flouting of law & lack of prevention as well from any enforcing agencies.

The builder had sold me the flat with Underground Basement Parking & mentioned that Surface Car Parking is only for visitors at the time of booking the flat. This was further corroborated from the sales brochure provided by them & the application form where the Cost Breakup sheet clearly mentioned  "1 Nos. Basement Parking". I just raised a routine query with the builder when I got my Agreement asking why is the word "Basement" missing from the definition of parking which merely states the word "Covered". It is then I was told that I was alloted Surface parking & yes there is surface parking for Residents & Visitors. I asked the reason for this development - they told me Planning cell forgot to inform Sales Team about a shortage of around 200 Basement Parking slots. It is to be noted that the customers who purchased the flats recently have been sold basement parkings & then alloted Surface parkings. They have never been told that they will be alloted Surface parking at the time of booking and have been charged substantially higher than those who have got Basement Parking.

Some of the old buyers are now suggesting that we all take possession 1st and then take legal action for cheating and misrepresentation of facts against the builder as taking legal action now might lead to intentional delay or harrassment from the builder.

I wanted to cross check this view with the legal experts themselves.

Many thanks,


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