rahul sarkar (SW Engg) 02 May 2012

Parking not mentioned in flat agreement @pune, lohegaon

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???

Also in agreement it is mentioned that the possession will be handed over in 30 months, else developer have to refund the deposit along with 9% interest rate per annum, within 60 days of notice.
Is this interest rate is standard for all developers?

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4 Replies

Kumar Doab (FIN) 02 May 2012

It is felt that if the builer "He has mentioned covered parking in booking letter & receipt." he is provide it.

As you must have invested your your life time earnings it shall be appropriate to transact in writing under acknowledgment and maintain written record.

It shall be appropriate to keep in touch with a local lawyer.

Alkesh Agrawal (Advocate) 07 May 2012

I agree with the Mr. Kumar's comment that you should take Parking Space matter written down in the contract before you get it registered.

If u want any further help as to drafting or meeting a lawyer in pune, I can help you out. Call me on 09099040835, alkesh.a@aprfirm.com

Ranjeetsinh Pawar (-) 07 May 2012

Mr. Rahul,

Answering your first query about the parking space, there is a SC judgment from 2010 which prohibits builders from selling stilt areas as parking or residential space. They have to be allocated as common areas. But as common practice, builders charge high loading factor amount or amounts in cash to sell the parking areas. Extreme care has to be taken in drafting the agreements when it comes to this as ambiguity may lead to multiple claims to the same area. I would also suggest diligently going through the other clauses like society formation and such of the agreement as they are a mistake to ignore.

Your second query also has an answering apex body judgment and I would gladly help you interprete it for your understanding.

You can contact me on 9823234591. Am from Pune itself.

Regards.

R. J. Pawar

1 Like

Adv. Kailash Chavan (Lawyer) 26 May 2012

my advice to you that dont buy parking from builder it true that there is Supreme Court judgement .....once society formed, society can change allotted parking slot from builder/developer..... and last question , i think you should mention that, possession in 30 months or else purchaser will have certain claim against developer ......becoz once property rate increase it very easy for developer to return ur amount and sell ur flat to someone else ......although he can not do so but one should not mention such clause.....feel free cal me -7208469030.