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quesOur 1/4th area in basement parking is occupied by builder to make shop

I have a freehold builder made flat in Indirapuram. I have 10 more residents in my building. We have a common basement parking. Height of parking may be around 3 metres. 1/4th area of parking is blocked by builder on the name of making some shop/office. All of our vehicles cann't be parked inside, we face problems in parking outside.We want to use that area also for parking our vehicles. I want to know the procedure to ask our right regarding this through RTI from GDA. Can we ask/complain the GDA to broke-open the walls of that shop for us to park our vehicles there? How to know our rights?

  • ans

    We will have to examine your property paper wherein the area you purchased from the builder will be specified.

    According to Supreme court , in (Nahalchand Laloochand P.Ltd. VS Panchali Co-operative Housing Society Ltd. – JT 2010 (9) SC 414: 2010 AIR SCW 5549)

    has clearly held that that  parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area .

    You can file RTI  to GDA and seek information regarding the property.   Further  through a application you can further ask GDA whether they can break the wall, however we doudt that GDA will do the same.

    In addition , you can file a consumer case  in the consumer forum for unfair trade practice" against the builder

     

  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only


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