Sujeet Agarwal 15 August 2016
Sujeet Agarwal 15 August 2016
G.L.N. Prasad (Retired employee.) 16 August 2016
It is always proper to be in touch with local advocate rather than soliciting guidance through open forum, as you have to seek his personal help in further steps and to make him accountable for his advice.
H.M.Patnaik (Proprietor) 16 August 2016
Dear Sujeet,
your basic fear is whether in absence of anymention of reserved parking space in the agreement with Builders, you have any right over such parking space allotted by Builders either through letter or verbally? It seems from your posting that there is shortfall of parking space for 12 nos. of flats offered for sale in the property developed by the Builder. Other clauses quoted from the draft agreement also strengthens your apprehension . Under the given circumstance , to play safe, you should get into te deal with assistance of an able lawyer, who can suggest proper documentation to the Builders to protect your interest.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 August 2016
The builder is not selling you any guaranteed parking lot. In Maharashtra there are Development Control Rules (DCR). According to DCR the builder has to provide certain number or parking lots based on the number of flats in the building and the sizes of the flats. Further he has to provide 10% additional parking for visitors. Mostly the builders flout DCR and cheat the flat purchasers. There is also a Supreme Court judgment applicable to Maharashtra according to which the builder cannot sell parking lots to flat purchasers. After the Society is formed all parking lots will belong to the Society and the Society will allot parking lots to members as per byelaws.
N.K.Assumi (Advocate) 17 August 2016
I absolutely agree with the expert Dr.MPS.Ramani Ph.D.[Tech].Yes, refer to MOFA, which has been enuciated by the Apex Court.But it is doubtful, whether the said pinciple can have unifom application in other Cities through out India.