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Builder not allotting parking space as promised
29-Dec-2023 (In Consumer Court Law)
I booked a flat in 2011 and possession date was march,13 but it gets delayed and I got possession in march,16. At the time of booking, they said they will provide stilt car parking, mention in the brochure and not in agreement letter but one thing is mentioned car parking is not separately sellable. When they offer me flat possession I ask him to allowed parking space. They advise me, choose the parking space from available one. Then, I made a choice. They said presently painter is not available so we will mark the flat number after some time. After some time, I came to know that they allowed my parking space to someone else and now they are saying that they will provide parking space in open area near the flat and they will cover it from the top and not from the side with by some support attached to the flat wall. I doubt its common area and should not be used for parking. Can I still claim stilt parking through court? They have not given any compensation for the delay period also.
It has been held in number of cases that Builder cannot allot Parking Spaces to flat Purchasers as Parking spaces are property of the Society and only Society can allot Parking Spaces to its Members, therefore any allotment by Developer is illegal and can be cancelled by Society
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Can society cancel parking allotted by builder?
2. Can the society, once it has been formed, cancel the parking allocation for builders by law? Once the society is formed, and the rights regarding the general management have been transferred to it, the society can rule out any illegal acts committed by the builder through a resolution.
Is parking allotment letter from builder a legal document?
A property allotment is an important legal document for real estate transactions. The letter confirms to the buyer the allocation of the unit or property by the housing society, developer or builder. 13 Sept 2023
What is the Supreme court Judgement on parking spaces?
In 2010, the Supreme Court of India ruled that developers could not sell stilt parking spaces as individual units. These spaces are common areas of the society and can only be sold as individual units. 29 Jun 2023
Can a builder charge extra for parking?
The builder is responsible for providing parking spaces to all apartment buyers. It shouldnt cost you extra. 9 Mar 2023
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