Builders Can't Sell Car Parking Space

[msn1270]

Once again Consumer Court has re-iterated the supreme court order that Car parking space is part of the common area, a buyer has right over it and a builder can't sold it separately.

[PlotGuy]

There are many many things builders do wrong but I wouldn't consider selling car space one of them. For the harmony of the community, you need reserved parking space.

[msn1270]

What SC has said a year back, is Reserved Car Parking is part of the essential Amenities, which can't be charged/sold separately to the Flat buyer.

In spite of clear law, Even now Developers are charging separately(Ranging from 1.5 to 3 lakhs) for the same and buyers are either not aware of it or ignoring their fundamental rights.

[PlotGuy]

I agree but it is super hard(and expensive) for individuals to fight these developers. The government should do the job of enforcing the law.

[shailesh123]

I too agree with this if we are buying a flat with high price and again we have to pay the money to the builder for the parking space. As per the law builder is mandatory to provide parking for the flat owners.

[msn1270]

Its not very hard. People are not aware of the rules & regulations & also not ready to demand their rights.
Day before yesterday's (24th Sept 2013, Page-3 ) Prajavani newspaper has given the crystal clear detail
about the "Karnataka Apartment Owners act 1977" related to the Parking space. Kindly read the attachment.

As per that act, Car Parking area belongs to Common utility area, on which developer doesn't have any rights
and he can't sell it also.

[PlotGuy]

I live in an apartment and I prefer to have reserved parking space, free or not. Dare I say this, but I think most apartment dwellers will have the same opinion.

[msn1270]

Plotguy,

you must carefully understand the theme of the article. The developer has to make sufficient parking space, so that, every flat owner will get atleast one parking space for his vehicle by default. Demarking it(calling reserved) or uses this space with good understanding is left to the people who lives there or whatever the owners association takes a call.

But in reality, builders intentionally creates lesser parking space than the number of flats they build, and they sell it (illegally creating demand-supply gap) to whoever pays for them and also any number of parking space to a single personal if he pays more.

So here the buyers are getting cheated and unnecessarily they are filling the builders pocket.

[PlotGuy]

msn1270 - All I am asking for is a reserved parking space I prefer it to be free, of course, but I don't want to fight with the builder to uphold the law. A government's number one duty is to uphold the law, but as usual our governments are sleeping. Also, if the homeowner's association is involved, there will be endless meetings and fights about which parking space should go to whom. So things are not as simple in practice.

[msn1270]

PlotGuy,

For your kind information, you are living in India. India is a great nation and has the finest constitution in the world and
also all the rules and regulations are in place. But Indians are not good and no one adhres to it. You must
also remember the Government is a group of people like us. They are not from Mars. Only when they are alerted & bring
to the public life, they finally unwillingly do their essential duties. Else they will be busy with ordinances like keeping
Political parties out of RTI Ambit, Shielding the criminals from loosing their Seats, enhancing their salaries/perks, visiting
abroad at regular intervals....etc all at the cost of tax payers money.

In India, people shout not take it for granted, that things will work as per the law. only when an individual comes out of
his lazyness and Demands/fights in a legal way, they get their legitimate share which is actually free of cost/specified
amount.

Finest Example infront of us within our forum, is Biddappa's effort in getting his Khata Transfer.