Prasanna T G (Senior Specialist) 29 July 2012

Disputes on car parking allotted

Dear Experts,

I would like to raise a question on the dispute of allotted car parking to Flat owners by the builder.

Scenario: I bought a Flat in chennai with covered car parking. After searching in internet i understood that no individual owners can claim to possess rights (register a portion) of undivided common ammenities like car parking. but to our surprise the builder has provided a registered document of the portion to one of the Flat owners in our association. This raises a doubt among other owners and creates a rift. Can u help us in getting this case resolved. Also would like to know is it possible to register the allotted car park space of an individual?

Scenario 2: The Builder has collected 1 lakh rupees approx from every owner stating it as development charges, but has no such amenities provided, not even a quality road/ garden. I have a plan to approach them to spend the amount to undertake developmental works. Please guide me on how to procede in this regard.

Regards,

Prasanna

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1 Replies

Hemang (Advocate) 29 July 2012

If the car parking facilities are provided in common, one one can claim registration. If the builder has committed a sin, the builder has to thank himself. You must file a suit for declaration that the said facility is common and registration in his name be set aside.

As far as second question is concerned, file the proceedings before District Consumer Disputes Redressal Forum. The Builder is bound to provide what has been committed, or else the builder cannot charge, or that he will have to refund.