GN (SSE) 29 July 2016

Reserved parking sold by builder, but its inadequate to park

Hi,

I bought my flat in Pune around Dec. 2009 of 753 sqft. While buying builder has charged Rs. 1,00,000/- for reserved parking space.

Now when I am trying to buy car, it is found that parking is inadequate to fit the car in parking. So I am thinking to file case against builder, to refund me parking money, as I have heard that builder cannot sell parking space to purchaser.

The parking I have, is same nothing to me at this moment due to lack of space to park and unpark the car.

My question is, am I able to file case against Builder for selling reserved parking space and can ask refund???

Reply Follow

4 Replies

Kumar Doab (FIN) 29 July 2016

If space sold to you is less than desdcribed to you and if no amount can be charged for space as per rules then you can proceed.

GN (SSE) 29 July 2016

Yes

space is sold by him and it is marked in my agreement, I have cost sheet and calculations made by builder at that time. Bifurcation was as below:

753sqft * 2500 = 18,82,500
MSEB               =   45000
Parking                 100000
Sink fund                   15500
Total                     2042500
2% stamp duty    40550
1% registration     20425
Legal charges        50000

Kumar Doab (FIN) 29 July 2016

Visit a very able counsel specializing in consumer matters.

GN (SSE) 03 August 2016

I have one query here regarding the transactions done. Whatever details I shared earlier, was from the cost sheet which was given by builder. Builder has written calculations of the same on same cost sheet.

I have all receipts for booking and agreement. Rest all amount are given to builder through bank loan.

Does cost sheet and hand written calculations are sufficient as a proof in court? Cost sheet clearly mentions charges 1,00,000 against Reserved parking.

Please let me know, if require any further information.