Parking allotment as per builder convenience
5 months ago
We have booked an apartment at the launch of the project in 2016 and it has been handed over in 2022. Half the flats are not sold and yet the builder has blocked the stunt and basement 1 parking for new customers and given basement 2 parking for old customers. And we have made payment of 3 lakhs for the parking at the start itself. So should we not be allotted parking as first come first serve.
A.Dear Client,
As per the RERA Act (2016), covered garage space can be sold separately by the builder, however, open or stilt parking spaces are considered common amenities, like a lobby, stairs, and garden, and cannot be charged for separately. These areas become the property of the society upon registration, issuance of an Occupation Certificate by the municipal corporation, and the builder's handover. Therefore, the builder cannot block the parking spaces for new customers and give them to old customers. The parking spaces should be allotted on a first-come, first-serve basis, and the builder cannot discriminate between old and new customers. If the builder has blocked the parking spaces for new customers and given them to old customers, you can lodge a complaint with the RERA authority. You can also approach the consumer court or the civil court to seek legal recourse.
As per the RERA Act (2016), covered garage space can be sold separately by the builder, however, open or stilt parking spaces are considered common amenities, like a lobby, stairs, and garden, and cannot be charged for separately. These areas become the property of the society upon registration, issuance of an Occupation Certificate by the municipal corporation, and the builder's handover. Therefore, the builder cannot block the parking spaces for new customers and give them to old customers. The parking spaces should be allotted on a first-come, first-serve basis, and the builder cannot discriminate between old and new customers. If the builder has blocked the parking spaces for new customers and given them to old customers, you can lodge a complaint with the RERA authority. You can also approach the consumer court or the civil court to seek legal recourse.
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