Second (basement) car parking allotment for an apartment in Chennai

What is the meaning of second parking? Does it mean that purchaser of one flat had been sold one car parking lot and now the builder was offering a second car parking to the same flat purchaser. If a building is being constructed there would be several flats and many car parking lots. Hence I do not understand the meaning of second car parking.  In Maharashtra, particularly in Mumbai there are Rules like Development Control Rules, which  specify the number parking lots that should be provided. In other States it is anarchy. In Tamilnadu there is the Tamilnadu Ownership Flats Act, 1994. But  I doubt whether any building complex has been registered under the Act. Mostly flat purchasers form an Association and register under the Tamilnadu Societies Registration Act. It is a weak Act. In Maharashtra there are laws which stipulate that the builder should advise the purchasers in advance what kind of Society is proposed to be formed i. e. a co-operative society, or under the Ownership Flats Act etc. Also when a certain number of flats have been sold the builder should compulsarily register an Association with himself as member for the then unsold flats. Even then the laws are routinely flouted. When there is not even any law there will be anarchy and the builder will do anything that will bring him maximum profit.

Notwithstanding existence or absence of any law, any registration or non-registration of an Association, you can file a complaint against the builder before the district consumer forum under sections 2(f) defect in product and 2(g) deficeincy of service, restraining the builder from marking parkig lots back to back. You can pray to the consumer court to order the builder to clearly mark all the car parking lots and submit the drawings to the forum. You can also yourself make a sketch of two back to back plots to support your allegation against the builder and submit along with your complaint. If you feel that you are competent you can yourself fight before the forum without engaging a lawyer. At first you can give a notice to builder giving him,say, 15 days. If he does not do what you are asking for, then file case against him. The fact that you have filed complaint before the forum should be made public so that other prospective purchasers will hesitate to  purchase. That will force the builder to act. In any case please answer my questions.

Please find enclosed a Supreme Court judgment which says that car parking lots cannot be sold by the builder. You can cite the Supreme Court judgment also before the consumer court.

In the consumer court you can dispute the cost of parking lot also.

Sir,

Thanks for your valuable response. 

"What is the meaning of second parking? Does it mean that purchaser of one flat had been sold one car parking lot and now the builder was offering a second car parking to the same flat purchaser"

Yes, the builder is now in the process of allocating second car parking for the owners (every owner had already been allocated the 1st car parking). if I opt and pay for the second car parking (which is back-to-back with first car parking) then i will own 2 car parking areas (ie.,1st car parking in the front, second one just back of the first one). 

From your response I understand that back-to-back car parking cannot be sold and it is illegal and i can goto consumer court and file complaint against the builder. I had raised the concern to builder and waiting for response. 

Thanks for your help.

Gopinath

From what you say I understand that if you park your two cars in the two parking lots alloted to you it will be one behind the other or one in front of the other. If you want to take out the second car, you will have to remove the first car. If both cars belong to you, you can do that yourself though it may be a bit inconvenient to you. If the second one is alloted to another person you will have to request him and wait for his indulgence to remove your car. Am I right?

If you refuse to buy the second parking lot what will the builder do? Will he allot it to another person? He cannot because it will obstruct your right of way. You refuse to buy the second parking lot. It would automatically belong to you. The builder cannot sell it to another person. If he tries to sell it or if you apprehend that he may sell it to a third party you file a complaint in the consumer court. under Section 2(r) Unfair Trade Practice.

If the builder had no intention to sell the second lot he will state so in his reply to the court. Once he states that he cannot sell it any more. I presume that you have already purchhased the first parking lot. Is there a conveyance deed for that? What is the evidence that it belongs to you?  How many affected persons are there in your building?  You type out a notice take copies and distribute to affected members. None of them will buy the second lot for fear of losing it. Act fast.

I had already sent you a supreme court judgment. According to that, builder cannot sell parking lots. Parking lots will belong to the Association which may eventually be formed. The Association will allot parking lots. According to what you say, there are enough parking lots so that one can be given to each member.