Sidhhi 13 January 2024

Parking space in Redeveloped Projects for tenants?

While most developers convert tenancy in to Ownership we are pitted against a developer who forced over 40 senior citizen tenants by paying peanuts.

We didn't give up and still holding a unit in the Redeveloped Project but developer is not allowing to park our 4 wheeler in the compound.

Please help and suggest a remedy to deal with such white collered anti socials. TIA

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 13 January 2024

Builder need to provide the car parking as per the Development Agreement sign between the parties. If there is any conflict between the DA then you can file a suit against the builder in RERA.

Sidhhi 14 January 2024

Sir, thanks but what if there's no mention of parking in DA.

LCI Thought Leader Sanjeev Duggal Advocate 19 January 2024

At first, study your tenancy agreement and the terms of the redevelopment agreement thoroughly for a better understanding of your rights. If you find any sort of violations, you may consult about the same with your lawyer.

Depending on the nature of the dispute,the other alternative could be to file a complaint with the Local Rent Control Authority or Consumer Forum. The Real Estate (Regulation and Development) Act, 2016 (RERA) may also be applicable in such cases as RERA also provides mechanisms for addressing grievances related to real estate transactions.

Moreover, you can also file a civil suit for specific performance, seeking a court order to enforce the terms of the agreement. You can also refer to The Transfer of Property Act and the Indian Contract Act for more specific information related to your case.