Legal remedy as car parking space given unevenly by builder

Purchased a residential house in a building at Mumbai of 1100 sq ft carpet in the year 2013 with O.C. Building has 12 residential units and 1 commercial unit. Builder gave 11 residential units 22 car parking space and gave only 1 to my unit however all 12 residential units are similar size. Commercial unit he didn't allot any parking space instead gave a frontage space of 300 sq ft to commercial unit within the compound of the building which opens at the entrance of the unit and blocked the access by building glass and aluminum frame separating the portion from the common compound of the building. The portion is not marked in the sale agreement of the commercial unit. In the lay out plan submitted to BMC builder has shown availability of 15 parking units and allotment shown is 12 parking for 12 residential units ; 1 visitors parking and 2 parking to commercial unit. Also shown 15 percent of recreational ground garden area in compound. However that garden area half of it is the fro

Answers (1)

138 votes

Hi. Firstly as per info shared by you, if in the sanctioned plans there are 15 parking spaces, then I fail to understand how the builder has allotted 22 parking spaces to the buyers. Secondly I would like to know if the builder has charged money for allotting the parking space? Prior to the commencement of RERA, a builder could not sell parking areas to buyers as the parking spaces come in open areas which will ultimately go to the society of purchasers when conveyance is done that society by the builder. So please check that. Parking spaces come under the common areas and it is for the society so formed to allot the same to its members. No buyer can claim exclusive ownership over parking spaces even though he may have paid consideration for that. Post RERA, parking spaces can be sold alongwith the flat against consideration. Your case falls prior to RERA. Thirdly since you are saying that the open space of 300 sq.ft has been covered by the commercial unit owner and the same does not reflect in sanctioned plans, the probably it's an unauthorized extension. It's an invasion over the common open space against which you can complain to BMC. Rest of your query I'm unable to answer as same is not uploaded by lawrato team. Thanx.

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