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Confusion about open car parking spaces.


28-May-2023 (In RERA Law)
Dear Sir, I'm a resident of housing society based in Noida which is registered RERA. We bought our flat in Sep 2017. Along with flat we have also purchased one "Double Open Car Parking". Everything is fine till now, but some residents are trying to approach noida authorities claiming that open car parking were not allowed to be sold by the builder and those which are already sold should be taken back and all the open car parkings should be earmarked for visitors. In the light of these recent developments please suggest the legal position and if any steps are required to be taken from our end. Regards, Jai Chawla
Answers (3)

Answer #1
937 votes
Residents has no locus standi in this matter.
Only the Authority and RWA can intervene.
Your sale deeds needs to be checked and verified alongwith allotment letter of car parking with sanction plan.
Accordingly it can be advised.
In the worst scenario, builder and/or rwa needs to compensate before any title claim on this.
You may contact me in this regard
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Answer #2
968 votes
Sir as per noida authority by laws one open car parking is free. builder can only charged for covered parking. so the action of builder is illegal and you can file complaint against builder before the RERA authority for refund of open parking if any paid by you.
thanks & regards
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Answer #3
786 votes
if the car parking is taken back from you then in that case builder has the right to compensate you with the amount, which he is taken from you for the allotment of the car parking. Also you can represent before authority your situation in the case filed by the residents.
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