Legal Question in Real Estate Law in India

Dear Expert,

I purchased one flat 7 years ago, in which builder show us the parking place back side of said premises which is mentioned in map also. due to access route is closed we are not able to use the parking place. now they are making another building in that place which is senctioned for parking and they refuse to give us the parking space at any cost. so what can we do for this regard. we are staying at tinsukia (ASSAM)

PLEASE SUGGEST US !

Asked on 9/02/13, 9:41 pm

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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03.09.2013

Dear Sir / Madam,

Parking space(s) allotted to all purchasers is mentioned in the Sale Agreement as well as in the approved plans. Legally, as per the latest Development Control Regulations (DCR) prevalent in India, the builder is supposed to provide for one single parking space for each and every apartment / flat in the building. Usually, this parking space is within the dimensions and periphery of the plot of land that is being constructed, and cannot be vaguely referred to by the builder as being in an adjacent open space, nor in somebody else's adjoining open plot of land. You are being refused parking simply because you do not have any legal right to park your vehicle in someone else's plot of land. If the builder has charged you for the parking space, and the builder is not in a position to provide you with a specific parking space in the building compound, you should ask the builder to refund the pro-rata amount charged for parking space.

Regards,

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9/02/13, 10:46 pm
Shrichand Nahar S.V.Nahar, Advocate
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Check provisions of local act regulating apartments/flats and take suitable legal recourse.

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9/03/13, 2:46 am
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dear client...

Contact me at uttamtibrewal@yahoo.com

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9/07/13, 7:06 am

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