Apartment Parking issues Apartment Parking issues

5 months ago

I was provided by a parking space which is not suitable for 4 wheeler .
I have bought house with hard earned money in Bangalore Whitefield area ,as they have mentioned One covered parking in sale deed and amount charged is 2.5 laks.
I have health related issues and making this parking issues making it worst day by day.

During the allotment process they followed first come first serve method But they did few owners double parkings in the begining .At the end I got the parking which is not suits for compact SUV also.Givenparking has 6.7 feet width and 15 feet in length.They have said you need to choose which ever is available and with no option had to choose the worst parking slot.

In Bangalore people buy home to get rid of parking issues and I have ended up in same situation even after buying the own flat because of the builder mistakes .
I am not getting proper sleep and can't able to focus on work as well because of the parking , whichever the amount I have paid for flat and parking the value haven't appreciated with time in fact due to parking issue it will get depreciated over time.

I have been following up with builder side sales) marketing teams for about 2 months but not getting any help. It is like mental harrasment after paying 2.5 laks ,roaming around builder office for 2-3 months without any help from them.

As the project is BBMP/ReRA approved,in the Internet got to know that minimum standard size for parking is 3m*6m which is 8'3 " width and 18 feet length.Would like to know if any consumer complaint will help me in getting justice for Home ,money,time and mental health.

Please do advise .

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
The allotment of car parking space is specified in the Schedule of Property in the Agreement to Sell as well as the registered Deed of Conveyance executed jointly by the Buyer and Builder/Developer. So, dispute with regard to car parking space is required to be resolved strictly on the basis of specific contents of the Schedule of property as appears in the Deed of Conveyance. As per Section 16(a) of BBMP Building Byelaws 2003 car parking spaces provided for motor vehicles should not be less than 18 square metres (3m X 6m). So, when the hosing project is approved by BBMP/RERA, for any deviation or deficiency in service on receipt of cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and deviation in construction and allotment of parking space. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint may be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time.
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Anik

Responded 5 months ago

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A.Dear Client
Verify the local regulations, such as those set by BBMP and RERA, regarding the minimum standards for parking spaces. If the provided space doesn't meet these standards, it may strengthen your case. Keep detailed records of all your communications with the builder, including emails, letters, and any responses you receive. Document the issues you are facing with the parking space, and take photographs if possible. If you believe you are not receiving a satisfactory response from the builder, you may consider filing a consumer complaint. You can file a complaint with the appropriate consumer dispute redressal forum.
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