Hiren Bhanushali (Article Clerk) 02 October 2010

Dispute regarding Parking Lot

Dear All,

I have bought a flat and parking lot in re sell. The party from whom I bought the flat was the first buyer of the said parking lot from a very reputed builder and in turn I paid Rs 1 lac to that party in the same way. The builder charged that party Rs 10,000/- in cheque and Rs 90,000/- in cash. As per Hon'bl Supreme Court of India , the parking lots cannot be sold.

Now in my society parking is as per first cum first serve basis , including for the parking for which I have paid Rs 1 Lac/-. The builder has given me an allotment letter for the said parking lot.

My question is that- Now since the selling of parking lot isnt allowed, Can builder alot me a parking lot ?

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4 Replies

Hiren Bhanushali (Article Clerk) 02 October 2010

Also please note that, Supreme Court passed an order on 2 Sep, 2010. But I have bought the parking lot a year back. So in that case can i fight back with my society people that I had bought the parking lot well before the judgement before which there was no rule on whether buider can sell the parking lot or no ?

NMP (nmp) 02 October 2010

You can file a criminal case against the builder, for recovery of your money that was paid for stilt parking slots. Supreme Court judgement is effective with retrospective effect.

Hiren Bhanushali (Article Clerk) 02 October 2010

Thanks NMP. But I have no proof for the payment of Rs 90000/- cash. I cannot prove in the court about the cash payment. However there are other 2 memebers in the society itself, who have also paid Rs 90,000/- cash. Is it possible to prove if 3 people come together and say that they all have paid Rs 90,000/- cash.

Filing of case is also a hectic process. I would be more happy if I can get a parking slot instead of getting that Rs 1 Lac back. Is there any way out by which I can get that parking lot exclusive for my use?

Anil Agrawal (Retired) 12 December 2010

Knowing that his reputation is at stake, the builder might give you back the money that he has charged if you file the case even for Rs.ten thousand for which you have proof. When others join, the case gets impetus.