Sale of open car parking

GR Gupta (Querist) 18 March 2016 This query is : Resolved
Sir, I have purchased a flat in Gurgaon. There is no basement parking for the block in which my flat is located. The builder has charged me money for allotment of a open car parking space. I filed a complaint in Consumer Court against this on the basis of Hon'ble Supreme Court Judgement in 2010. Although the decision of the Consumer Court is awaited, the lawyer of the builder is taking the plea that this open car parking space has been purchased by the buyer at his own choice and the open car parking space is a part of approved building plan which was approved in the year 2004.

Please suggest whether the builder, who has approved plan of the society in the year 2004 can sale the open car parking on this basis after the judgement of he Apex Court.

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rajagopal.s (Expert) 18 March 2016
Hi
No . the builder has cheated you by selling the open car parking space.
Open space is already part and parcel of your undivided share of land that you are entitled to when you purchased the flat.
the builder has actually made double billing on you . So go ahead and fight the case and definitely you will win.