Encroachment of car parking area

You should send a Legal Notice to the Builder by calling him to open the car parking space,failing which you can file a case in District Consumer Forum against the Builder.

Supreme Court, in its 2010 verdict has clearly stated that “Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”. The court reasoned that these spaces are part of the “common areas” in flat complexes and are therefore “not saleable independently as a flat or along with a flat”.

You write to local municipal body requesting them to remove encroachment on your property. Also find out if the builder took approval from local body and urban planning department to instal the generator in its present location.

www.mehnat.in

it is common in every residential flats thus have you not seen the building plan while taking the flat 

but without your permission your builder had taken your car parking area to some extent for the use of installing generator 

but why you have not registered the flat but only notarised i could not understand this 

first issue a letter to builder and discuss with him because you would be having problem to keep your car 

Thanks for your feedback. As per your advice, I will send a Legal Notice to the builder. I appreciate your swift response to my querry.

I have attached a photograph of Car parking area, marking the encroachment area for your reference.

I once again clearly put up my case as below:

I have booked a flat in Bangalore in Dec 2008 and got it registered in May 2009 with concerned Sub-Registrar by completing all the formalities like stamp duty.  In Sep 2009, I have occupied the flat and living peacefully.

In October 2009, when I was out of station, the builder (staying in pent house in the same premises) has put a concrete bed for the provision to keep Generator (still not provided) encroaching 2 ft to my car parking area (See the attached picture).  I have been requesting him from time to time till date to remove the encroachment but he had not taken interest.  During this month, when I have taken this issue seriousely, the builder with the support of two other co-owners in the premises, started shouting on me for removing the encroachment.

The car parking space of 150 sq.ft is mentioned in Agreement (notarised) and Indemnity Bond. In sale deed, it is mentioned that  " Car parking and Two wheeler parking".  Area of sq.ft is not mentioned in Sale deed.

1. Can I go ahead with the support of Agreement and Indemnity bond challenging the sq.ft of 150 for car and two wheeler parking ?

2. With whom I have to file the case ?

Kindly advise.

Your car is parked without any serious inconvenience in the photo, so you cannot say that he has taken away your car parking space. You need to look at the plans approved by the municipal authority and the urban planning department. If this platform is there in those plans, then there is nothing you can do about it, unless he gave you some plan (for marketing purposes or as a matter of courtesy, being an apartment buyer) which does not show this platform.

www.mehnat.in

Sir, The car parking slot shown in the picture is for both Two wheeler and Car.  Car can not be parked if two wheeler is parked.  This parking slot is of 10ft x 15 ft for both Car and Two wheeler. I am attaching another photo for your reference.

Were you promised a slot where you could park a car plus a two wheeler?

www.mehnat.in

Yes Sir.  It was very clearly discussed at the time of negotiation by both of us, Builder and myself.  The Car parking and two wheeler in the slot of 10x15 (150 sq.ft.).  This is mentioned in the schedule property that "covered car parking and two wheeler parking space in stilt floor, measuring 150 sq.ft".

Sir,

Another recent development is that the Builder (who is staying in Pent House) has made a statement that the encroachment of my car parking area, ie. 2x15 (30 sq ft) has been given to the Association for installing the generator in future. 

There are nine flats in the premises including pent house. The builder is enjoying with 2 car parks and one car park space for office.