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demand by builder to buy 2 wheeler parking space after registry advise


16-Jan-2023 (In Consumer Court Law)
We have our flat registered and all dues cleared but now builder started to ask forcefully to pay seperate charges of 2 wheeler parking else he will not allow to enter in the society. already we are paying highest maintenance 2.5/sqft and this thing was not mentioned in BBA and was not informed while purchasing. Please help, what should be our action forward?
Answers (5)

Answer #1
965 votes
On the basis of the terms and conditions of BBA, please issue a legal notice and demand for an explanation from the Builder.

If the Builder provides you an evasive answer then you will have to file a case against the Builder either consumer case or injunction suit.

Plesse meet a lawyer with copy of BBA.
Answer #2
753 votes
Sir, this is with reference to the legal query sought. You can file a criminal complaint as well as a consumer case. Initially you can serve the builder with the legal notice and if he does not agree then sue him. Regards, Aakriti Jain
Answer #3
990 votes
You can send a legal notice to the builder and accordingly if he doesn't favourably respond you can file a consumer complaint against him. Please share the details of the buyer builder agreement so that further advise can be given
Answer #4
882 votes
Has the builder demanded 2 wheeler parking charges in writing ? If yes file a case in District Consumer Disputes Redressal Forum or State Consumer Commission or National Commission depending upon pecuniary Jurisdiction. If no, first send a notice, then file a case in Consumer Forum etc.
Answer #5
874 votes
In such situations, developer can be charged for "unfair trade practice". You can lodge complaint with the consumer court according to the pecuniary jurisdiction.
A Bench of Justices R M Lodha and A K Patnaik in a judgement rejected the argument of a real estate development company that they are entitled to sell garages/stilt parking areas as separate flats to owners who intend to use it as parking facilities.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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