Car parking charges
Toral Sampat
(Querist) 06 January 2014
This query is : Resolved
Learned Members,
I am in the process of negotiation with the builder to buy a 2BHK flat in Ernakulum, Cochin.
Keeping in mind the importance of a duly executed agreement for buying the said flat, I would like to have your advice on the following:
Can a builder seperately charge for Mandatory Car Parking Space?
The Car parking space shall be alloted on paying of 'X' amount to the builder.
It is mentioned in the agreement as follows:
'Promoter shall provide one covered/open car parking with every flat for exclusive use of the Purchaser on payment of 'X' amount. One car parking is mandatory. The mandatory car parking will be considered as a part of the said proposed flat'.
Looking forward for reply.
Thanking you all experts in advance.
Regards.
ajay sethi
(Expert) 06 January 2014
builder cannot charge for car parking . as per SC judgment builder cannot sell parking slot as it forms part of common area for benefit of all members
BAALASUBRAMANNYAMM
(Expert) 06 January 2014
Every builder is taking "car parking" charges separately, but not directly. But the Builder collecting extra amounts towards charges for "amenities"( means inclusive of car parking charges). So the buyer should pay the said charges or any "head" to the builder. If the buyer quotes the Supreme court finding, the builder collects the extra amount on other "head of account" ie "amenities charges".
Toral Sampat
(Querist) 06 January 2014
Respected Experts,
In the agreement it is clearly mentioned that 'Promoter shall provide one covered/open car parking with every flat for exclusive use of the Purchaser on payment of 'X' amount. One car parking is mandatory. The mandatory car parking will be considered as a part of the said proposed flat'.
Hence from the above paragraph, it is understood that amount for car parking is covered under 'charges for car parking' and not other amenities.
So the amount of flat i am suppose to pay is Amount 'Y'(for flat) and Amount 'X'(for car parking)= total is AMount 'YX'
Is it that Covered car parking space can be charged or alongwith the Flat the builder has to inevitabily allot a car parking space.
Please respond.
ajay sethi
(Expert) 06 January 2014
we have already told you builder cannot charge for car parking slot
BAALASUBRAMANNYAMM
(Expert) 06 January 2014
Mr.Sampat,
If you are not agreeing to pay the said amount, the builder wont sell the flat to you. This is the general procedure, irrespective of the other things.
Toral Sampat
(Querist) 06 January 2014
Thank you @ Mr. Sethi and Mr. Bala for your valuable advice.
Will try my level best to proceed ahead on the basis of SC judgement and abide and cause to abide, the same.
Regards,
Ms. Toral Sampat
Devajyoti Barman
(Expert) 06 January 2014
Well in WB the promoter always charge separate price for car parking space.
The position is the builder an not deprive you from allowing at least one car parking place in the premieres if you are agreeable to pay the price.
Rajendra K Goyal
(Expert) 06 January 2014
Builder can not sell car parking slot but as advised by the experts they are receiving the charges through other names.
