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When Preeti Kadam booked a one-bedroom flat worth Rs 15 lakh in Warje a year ago, the builder had demanded additional money for parking slot. And Kadam had agreed to the conditions in December 2007. But five months down the line, she took on the builder, armed with additional knowledge on parking rules, and refused to pay for parking.
“I figured that since he is asking for money ‘in black’, it cannot be legal,” Kadam said, adding that she had also been able to motivate two other buyers in the building of nine apartments not to pay extra for parking. “We took legal advice and found that the money for parking slot is included in the price of the apartment,” she said.
Almost a year after the Bombay High Court ruled that builders couldn’t sell stilt parking slots, little seems to have changed on the ground with wannabe house owners continuing to pay in lakhs for parking slots and builders not issuing a receipt against them for obvious reasons.
The Grahak Panchayat, the city’s leading consumer forum, will taken up the issue on the Consumer Day on March 15. The Pune District Housing Federation is also planning to amend the by-laws of the cooperative housing societies.
It was in April 2008 that the Bombay High Court ruled that parking did not fall under the floor space index (FSI) granted to the builder, and therefore could not be sold. The ruling further clarified that the developer is obliged to provide the same when the carpet area of the house is a minimum of 35 sq m.
When contacted, Lalit Kumar Jain, president of Promoters and Builders Association of Pune said the ruling pertained to a specific case. “The cost of the parking lot is anywhere between Rs 1.75 lakh and Rs 3.5 lakh, depending on the type of parking. We can either ask for parking charges separately or incorporate it in the cost of the flat. We will discuss in the association meeting on how to go about the charges,” he said.
Lawyers do not agree. Said Jayant Kulkarni, one of them, “According to the Development Control Rules, the parking area and common amenities are incorporated in the cost of the flat, which is why the corporation does not charge an extra tax for parking or any of the common amenities.” Kulkarni is the legal adviser for Pune District Cooperative Housing Federations, a registered body of 2,000 housing societies in the city.
The Pune City Development Control Rules, and more recently a Bombay High Court judgment on Nehalchand Laloochand Pvt Ltd vs Panchali Co-operative Housing Society Ltd, clarifies that under the Maharashtra Ownership of Flats Act 1963, builders are obliged to provide parking space to all apartments in the society and cannot charge buyers for the same.
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We are 75 members Society situated in Panvel. There were 29 Stilt Parkings & Builder has sold those Parkings to 27 Members while Purchasing the Flat. Out of these 29 Stilt Parkings, 3 Stilt Parkings were sold to one Member and the same Member has entered into a Deed of Rectification with the Builder which was subsequently registered by paying a Stamp Duty on the same date as that of Society Registration. Now the Managing Committee has decided to construct Sheds in open area & allot them along with remaining unallotted Stilt Parkings to satisfy remaining interested Members.I would like to seek your opinion on following points: 1.Can Builder sell the Stilt Parkings? 2.If Yes,Can Builder sell 29 Stilt Parkings to 27 Members by keeping remaining 48 Members without Stilt Parkings? 3.Can Stilt Parking Agreement be registered? 4.Can the Managing Committee construct Sheds for the convenience of Members without approval of the AGM(AGM has approved for allottment of Stilt Parkings only)
sanghavi builder in miraroad is forcing to buy stilt parking for every new purchaser.now builder is selling open parking space for Rs.25000.all this is pure illegal.who can stop this?
I have purchased a 1070 sq ft.flat at Kharadi in May09.Builder is charging 1.5 lacs for car parking without giving any receipt..As per bombay high court rule now builder has to provide itfor free car parking space. pl.suggest wether to go with consumer court and lodge a police complaint.
hi i have an apartment in Visakhapatnam's where my in laws stay there iam not staying in the country my car parking is alloted to me but some XYZ has combined his n mine car parking and creating a problem we had a meeting but nothing was done but the president always says nothing to worry its all most an 8 months old issue now what can i do pls help me
I think that this think is not lifted by media because Media is tackled by this rich people most of them are big builders. Why dont soneone goes to media if you are facing this problem? Just go to any media channel, every one will join your hand who is suffering from this problem? Just go to any adovcate take a authorization letter from court stated their open parking law and show to builder, he will not say anything. Our problem is that we always write complaint in such Blogs but dont go to court or media. Nothing will happen by writing blogs here.Thanks
i am facing a distinctly different problem.My sale deeds indicates that cost for lift, transformers , parking space was tobe paid apart from the cost of my 3 bhk flat at Ushodaya apts at secunderabad.And the same was paid for . The content of sale deeds is same for each flat irrespective of being a 3 bhk/2 bhk. There are fifteen 2 bhks and ten 3 Bhks.None was provided with any car park specific to his flat ( or indicated in the sale deeds )at the occupation time . Parking space was alloted by mutual consent at a later stage. I was on active military duty and hence was not present when such mutually beneficial allotment took place. The owners of 2 BHKs who had been alloted moct convenient most specious are the ones registing any revision. They claim to have been alloted by the builder in black and white. The builder despite repeated vis to his office denied me my allotment of parking space in black and white.I have been alloted the smallest appx 70 sq feet against appx 130 to 160 ft.
We were denied purchase of a 1BHK in Casa Bella-Lodha since we didn't agree to pay the black money for the parking space. They proudly say that they know it is illegal but these are their company rules. Can't a police complaint be lodged against such cheaters?
if a flat olwner had a receipt of builder against the parking place should society can accept that receipt and should society give the owner to park his vehicle its a legal.
the Bombay High Court ruled that parking did not fall under the floor space index (FSI) granted to the builder, and therefore could not be sold. The ruling further clarified that the developer is obliged to provide the same when the carpet area of the house is a minimum of 35 sq m. Its not binding on the society therefore to allot it further to you or continue you to entertain it further
our society building is constrcuted by tenants and not by builder, in that case i had been alloted one open parking space with deposit of 5000 shall i sale this space at the time of selling my flat to purchaser or i have to surrender the space to society. sociery is not charging any thing to me for utilisation of space. please reply urgently.
The media is not interested in tackiling the real problems. When it is clear verdict that open parking space can't be sold, builders make the money by not showing the transactions on paper. CASA BELLA will not give the receipt for this. But go anywhere and you will find bldrs making money through other channels. So at the end of the day, you lose the money eventually,be it thorough parking space or something else !! This is unregulated industry and money ultimately flows to the corrupt politicians so who bothers ?
all flat owners should come together and faught against the builder lobi, fight for money back with interest,file a case in public interst
As per Supreme Court, builder can NOT sell the parking space. Lodha Builders in Casa Bella project is mandating the parking per flat and asking for 1 lac cash for 4 wheeler parking. Consumers should beaware of there rights and oppose such kind of activities. If all people will come together and oppose this then only we can stop these illegal things.
Even in my case the reputed builder who has launched ambitious project near Dombivili is asking the money in "black" for parking space. Can't media do anything against such builders ?
If something is illegal, why doesn't media take an action against all known builders doing the same. The power of media should be used for a good cause and what better than consumer protection.. Highlight the projects and get the refunds for consumers!