Small parking space allotted by builder is small
1 year ago
Draft for Vidhikarya.com
Dear Experts, i recently booked a 3BHK flat with a renowned builder in Pune, Maharashtra in Aug 2022.
Based on availability, one parking on the ground floor was allotted and it appeared between two thick pillars on the map shown. however the sales person mentioned that all parkings are of standard size (approx 16X9 Feet) and so nothing to worry. The agreement was registered and parking no. is mentioned in the agreement but without any size.
We never got to see the actual parking as it was under construction and no one was allowed due to safety issue. Now, as the construction has progressed, we could see similar parking spaces and it appears to be quite small with only approx 6.6 Ft in width. The salesman says that nothing can be done now as your parking no. is mentioned in the agreement.
It feels like being cheated as howsoever a flat is if there is no proper parking, it has no value and even can't be resold easily.
Request experts to guide in this matter with regards to below.
1. Are the standard parking size defined anywhere?
2. If so, what would it be and under which law?
3. If the parking width (6 Feet) is below defined standard size, can the builder be put under legal obligation to provide alternate or compensation?
4. Any specific provisions of RERA and/ or MOFA would be applicable
5. Any criminal provision applicable?
Thanks in advance.
Regards
Under National Building Code, a car parking area should be 13.75 sq. mtr.
Thus such a small size car parking is nothing but a farud and cheating with the purchaser.
You can approcah the Civil Court or RERA for seeking cancellation of the agreement and refund of money paid, due to deficiency of the services by the builder and seek compensation and damages.
Hope your query is answered properly.
Sunny Shah
Replied 1 year ago
Thank you for your response.
Can a criminal complaint/ FIR be launched if the Builder disagrees and if so, under which law (like MOFA or others) ?
ROHIT DALMIA
Replied 1 year ago
Criminal complaint will not be entertained by the police. You need to file complaint either before consumer or RERA only.
It is mentioned that how much parking you will get and you can go to your near by municipal council to inquire in your locality that gow much parking space you have alloted or you can read your Sale deed.
I hope it helps
U may check the building rules of Pune Muncipal Authority and get clarity. If the parking spaces are too small u may complain to the sanctioning authority or reject for registration unless u get normal parking space.
Sunny Shah
Replied 1 year ago
Thanks for your reply.
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