Parking space charges
our property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
As per the SC judgement in civil appeal 2544 of 2010, Nalachand Lalchand Pvt. Ltd. vs Panchali Coop Hsg Soc Ltd., the Court has ruled that the builders are not expected to charge extra for parking space.
We were, however, forced to pay huge amount for the parking space and when we took up the matter with the builder he informed us that the judgement has been set aside. He further said all builders in the city are charging extra for the same. What is the accurate ruling on this matter?
It appears that your project has been completed sometime back and it is presumed that the project will not come under Real Estate (Regulation and Development) Act [RERA].
If not formed already, the buyers have to form an association and have the same duly registered. The association can take up all the issues faced by the buyers to the builder for necessary redressal.
If the issues persist, the association can approach either consumer court or a civil court to enforce compliance and/or claim compensation.
As regards sale of car parking spaces, the judgement of the Supreme Court prohibiting the builders from selling parking areas (other than garage) remains in force and will apply in your case. Please consult your lawyer on the available options to seek redressal of your grievances.
S.C. RAGHURAM, Partner,
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