I am being asked to pay more than my neighbour for Open Car Parking I am being asked to pay more than my neighbour for Open Car Parking

1 week ago

There are some slots for open parking outside my tower. We are chasing the builder since 6 months to allot us open parking space. Few days ago, my neighbour told me that he got the car parking for ₹2L on 4th April. But we went to builder office on 5th April & they told us that the allotment has not started yet. Now they are asking us to pay ₹2.5L. What should I do here? I really want an additional parking & I understand that it is against RERA rules.

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear sir,
The Supreme Court says that selling of any apartments is incomplete if the sale deed does not disclose car parking space. You may go legally against builder.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable. Buyers must check the Builder-Buyer agreement specifically to see if they are paying for their parking slot. As per Section 2 (n) of the RERA Act, common areas include open parking spaces, and thus, open car parking spaces cannot be sold. If the housing complex is a registered project of RERA, then you can file a complaint against the Builder to the Adjudication Officer under Sec.31 of the Real Estate(R & D) Act, 2016 seeking appropriate relief in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

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A.Dear Client,

Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escalate the issue further.

Next, consider reaching out to the relevant authorities, such as the Real Estate Regulatory Authority (RERA), to report the builder's actions. They can investigate the matter and ensure compliance with regulations.

Additionally, you could try negotiating with the builder, emphasizing that their actions are against RERA rules and that you are aware of your rights as a buyer. You could also inquire about the possibility of obtaining a parking space at the originally quoted price of ₹2L.

If negotiations fail and the builder continues to demand ₹2.5L for a parking space, you may need to seek legal advice or assistance to protect your rights and interests as a buyer. A legal expert can guide you on the appropriate steps to take, including potentially filing a complaint or pursuing legal action against the builder for non-compliance with RERA regulations.
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