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Home > Forum > Mumbai > Andheri West > Legal > With ref. to under construction Residential project parking

With ref. to under construction Residential project parking

Q: With ref. to under construction Residential project, The builder is demanding Rs. 10L with service charges 3.708% extra for parking ( for mechanized parking & there is no open parking) and is not willing to give any receipt for parking but will mention on receipt for extra internal work. What should I do in such a situation? Plz guide me.

#legal #metropolis #residential
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Replies (3)
1
It is also notable that Carpet area of unit is less than 2000 sq-ft and amount charged is less than 1 crore. In that cases you have to pay Rs. 3.09% in all other cases it is 3.708%.

It is not the question whether you buy or not buy, but if parking sold by the builder by charging a price that is illegal and he is liable to make refund.
Padma G


2
This also indicates that car park spaces do not have independent status. Clause numbers 22 and 23 could not have given the promoter/ developer right to deal with the open spaces, car park spaces lobbies and staircase. Such property would remain the property of the promoter/ developer, but he would keep the property as trustee and convey the same at the earliest to an association formed by the purchaser of flats.

This is legal obligation of the promoter/developer under section 11 of the Maharashtra Ownership Flats Act.
Padma G


3
Hi,
I would like to state that it is very well documented Judgment of the Hon'ble Bombay High Court and the Hon'ble Supreme Court of India that builders can not sell stilt or open parking spaces.

It is appropriate to note that parking spaces are mentioned in clause 22 of the Maharashtra Ownership Flats Act along with words open space, lobbies and staircase giving clear indication that these spaces
are also common amenities.
Padma G


Thx a lot... Your replies are really helpful for me.
Kiran Roy, Apartment Resident 
16th February 2015


can u send me a link where I can view these clauses...
Kiran Roy, Apartment Resident 
16th February 2015


Are mechanized parking (multi level) and stilt parking considered same?
Kiran Roy, Apartment Resident 
16th February 2015


4

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