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ayyagari venkateswarlu (A.S.M)     28 May 2012

Car parking

I HAVE PURCHAGED A NEW FLAT ALONG WITH CAR PARKING BUILDER HAS COLLECTED THE AMOUNT FOR CAR PARKING BUT THEY HAVE NOT PROVIDED COMMON PARKING .THEY MARKED  ENTIRE CELLAR AREA UNEQUAALY.WHEN I HAVE ASKED ABOUT COMMON PARKING AREA FOR TWO WEELERS THEY HAVE GIVEN ANSWER THERE IS NO SPACE FOR COMMON AREA . HERE MY QUESTION IS  

IS IT CORRECT WAY NOT TO PROVIDE COMMON PARKING AREA FOR TWO WHEELERS

 

2.IS IT CORRECT TO PROVIDE CARPARKING  UNEQUALLY

WHAT THE FLAT OWNERS RIGHT WHERE WE HAVE TOBE CHALLENGED



Learning

 7 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 May 2012

when u purchased with car parking, you are entitled for it. go to consumer forum 

S Jadhav 98336 98330 (Jadhav & Associates)     29 May 2012

As per Supreme Court jusgement, the builder has no power to sel the common areas of the building. the allotment of the parking is the scoiety's prerogative as per the rules passed in the AGM or as per standard bye-laws.

So the society generally makes rules which are fair. If they are not you can bring the matter up in an AGM and also communicate with the society office bearers in writing.

S Jadhav

Anand (Developer)     18 June 2012

Sir,

I have purchased a flat with car parking ,but the space provided by the Builder is not sufficient ot park the car.

What can i do?

Thanks

S Jadhav 98336 98330 (Jadhav & Associates)     20 June 2012

As I have said, the car parking area belongs to the society as a common area and this has been confirmed by the Supreme Court. However, in practice, the builder sell the parking spaces to flat buyers. If most or all of them have purchased car parking from builder, they all agree to keep the allotment as per the builder's allotment.


In cases where the society decides to do the allotment itself, it has the right to modify the same.

I do not whether in your society most of the members are following the builder's allotment or it is revised periodically. If it is revised by the society you may request them to provide you a larger area to accommodate the type of car you have. However, for two wheelers, they may make separate arrangement or allow it to be parked near your car if the parking space is bigger.

If most of them are following the builder's allotment, it would be very difficult for the society to provide you with more space, but please request your members and see if you can get a bigger space.

You cannot do anything to the builder now as you have already paid the amount and it may not be worth fighting for as in any case the society members decide on how to allot the parking.

 

S Jadhav

Anand (Developer)     21 June 2012

Hi Sir,

We have totally 5 car parking in the apartment.we cant ask more spaces,because no other spaces.

If all of them tries to park,not able to do,may hit the other one.Even small cars not adopt to the space

Is there any rules for spaces like widdth and length for the parking?

 

Thanks,

Anand

S Jadhav 98336 98330 (Jadhav & Associates)     22 June 2012

The Development Control Regulations or DCR as they are called in Mumbai prescribe the minimum parking space for the buildings. The minimum number mentioned it is not one car park to one flat but much lesser so everyone will not get a car park if the builder builds even as per the DCR.

Also, the DCR mentions the minimum sizes (i.e. length x breadth) of the parking spaces.

You may talk to the builder to give you a proper parking area with a size that fits your car. But he will also try to give you only if it is possible now, otherwise you have to live with it.

The builder appears to have fooled you into paying for parking when he cannot charge you (as you have paid him) and further has given you a place in which you cannot park a car.

Try to see what you can get.

S Jadhav

Anand (Developer)     22 June 2012

I have read some doc regarding the DCR page number 113.

https://www.cmdachennai.gov.in/pdfs/DCR.pdf

Can you suggest ,may i move legal action with lawyer regarding the space.

I have paid money.Then how should i live with it.

 

 

 

 

 


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