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Advice in case dispute with builder regarding parking space
10-Jun-2023 (In Property Law)
Hi Sir, I booked a property in july in Pune PCMC area in Dudulgaon pune. at the time of Buying builder included the Covered parking charges of Rs. 2 lakh in total cost.I got the possession of the flat on 1 October 2017 and its almost 8 month but builder has not provided parking to me even after repeated request to him but has alloted parking to some of the flat from the last 1 month and now halted the parking for almost a month so I am not getting parking and asked me to wait.so my question is : 1: as per RERA how long builder can take to allot the parking after the flat possession. 2: can he halt the parking allotment without informing the flat owneres. 3: he has not form the society till now,how long builder can take to from the society?? 4: whatever parking builder allot me if I am not satisfywith it what option I have as per RERA against the builder. PS:I bought a new car in november 2017 and it got damaged due to non availability of parking.
1: As per RERA how long builder can take to allot the parking after the flat possession?
Answer: The builder cannot sell the parking space as it is part of the common area of the building. Therefore send him a legal notice for refund of the money. You might have paid in cash since the builder wants to earn black money as the sale of parking is illegal;
2: Can he halt the parking allotment without informing the flat owners?
Answer: Only the society can allot the parking. That too, is done on allotment basis. This allotment will be done through draw-of-lots;
3: He has not form the society till now,how long builder can take to from the society?
Answer: The society should have been formed within 4 months. Under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats;
4: Whatever parking builder allot me if I am not satisfywith it what option I have as per RERA against the builder.?
Answer: File a complaint against the builder immediately under RERA. This is because, he has cheated you by selling the parking and also made false promises. You can also seek compensation from him.
Answer: The builder cannot sell the parking space as it is part of the common area of the building. Therefore send him a legal notice for refund of the money. You might have paid in cash since the builder wants to earn black money as the sale of parking is illegal;
2: Can he halt the parking allotment without informing the flat owners?
Answer: Only the society can allot the parking. That too, is done on allotment basis. This allotment will be done through draw-of-lots;
3: He has not form the society till now,how long builder can take to from the society?
Answer: The society should have been formed within 4 months. Under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats;
4: Whatever parking builder allot me if I am not satisfywith it what option I have as per RERA against the builder.?
Answer: File a complaint against the builder immediately under RERA. This is because, he has cheated you by selling the parking and also made false promises. You can also seek compensation from him.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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