What is difference between covered car parking & open car parking ? Can builder sell covered car parking like podium/stilt ( covered parking from top ) legally ? Can builder also include such parking in agreement of sales ?
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  • As the name suggests.. open car park does not have any cover..open car parks cannot be sold legally. Once the society is formed, the society can issue open car parks to the members for some nominal fee...
    Builder can sell it legally and he includes the covered car park in the agreement. yes legally he can include it..

    Originally Posted by tambeh
    What is difference between covered car parking & open car parking ? Can builder sell covered car parking like podium/stilt ( covered parking from top ) legally ? Can builder also include such parking in agreement of sales ?
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  • go with close parking if you can. open parking doesnt fit well especially during the monsoon season.
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  • Originally Posted by donkeykong
    go with close parking if you can. open parking doesnt fit well especially during the monsoon season.

    Matter of fact is he can sell neither open or closed legally in agreement in agreement separate cost of parking is not mentioned and also it is called as reserved not sold or alloted to buyer.
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  • Originally Posted by tambeh
    What is difference between covered car parking & open car parking ? Can builder sell covered car parking like podium/stilt ( covered parking from top ) legally ? Can builder also include such parking in agreement of sales ?


    BUILDER IN NOIDA HAS COLLECTED RS.2 LACS IN OCT.'09 TOWARDS COVERED PARKING (BANK TRANSFER). FLAT WAS DUE TO BE DELIVERED AT THE END OF DEC.10. HOWEVER, CONSTRUCTION DELAYED AND NOT GIVEN POSSESSION SO FAR.
    IN THE LIGHT OF SUPREME COURT RULING, WHETHER WE CAN CLAIM REFUND OF THIS AMOUNT FROM THE BUILDER AND ADJUST THE SAME AGAINST FINAL / BALANCE PAYMENT AT THE TIME OF HANDING OVER THE FLAT?
    SOMEONE WHO IS WELL VERSED WITH THE APEX COURT RULING, MAY KINDLY RESPOND.
    SAKSHIJAHARIYAHOO.CO.IN
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  • Originally Posted by sakshijahari
    BUILDER IN NOIDA HAS COLLECTED RS.2 LACS IN OCT.'09 TOWARDS COVERED PARKING (BANK TRANSFER). FLAT WAS DUE TO BE DELIVERED AT THE END OF DEC.10. HOWEVER, CONSTRUCTION DELAYED AND NOT GIVEN POSSESSION SO FAR.
    IN THE LIGHT OF SUPREME COURT RULING, WHETHER WE CAN CLAIM REFUND OF THIS AMOUNT FROM THE BUILDER AND ADJUST THE SAME AGAINST FINAL / BALANCE PAYMENT AT THE TIME OF HANDING OVER THE FLAT?
    SOMEONE WHO IS WELL VERSED WITH THE APEX COURT RULING, MAY KINDLY RESPOND.
    SAKSHIJAHARIYAHOO.CO.IN

    Per Supreme court ruling - open car parking, stilt parking space is part of Super built area, hence the builder cannot sell this two parking categories as builder has already sold flats on Super built area (which includes this two parking space). Selling stilt and open car parks leads to double selling of the same area. But still this practise is rampant due to obvious network of builder, Municipal corp, politicians.
    Large portion of the parking money is taken by builders in cash as they cannot show white money from the parking space as it has been artifically sold in Flat area.
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  • Originally Posted by neeraj23in
    Per Supreme court ruling - open car parking, stilt parking space is part of Super built area, hence the builder cannot sell this two parking categories as builder has already sold flats on Super built area (which includes this two parking space). Selling stilt and open car parks leads to double selling of the same area. But still this practise is rampant due to obvious network of builder, Municipal corp, politicians.
    Large portion of the parking money is taken by builders in cash as they cannot show white money from the parking space as it has been artifically sold in Flat area.


    Thanks...this is a very important observation.
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  • In my Contract/Agreement..........for car parking it is mentioned "covered car parking will be alloted at the time of possession on First come First Serve Basis"

    Now can anybody clarify (legal)...does it mean the builder can deny parking if the the flat holder delays possession.......how should one read this
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  • Originally Posted by Realtyfreak
    In my Contract/Agreement..........for car parking it is mentioned "covered car parking will be alloted at the time of possession on First come First Serve Basis"

    Now can anybody clarify (legal)...does it mean the builder can deny parking if the the flat holder delays possession.......how should one read this



    IMO ...Builder want you to settle it internally before possession or else there are chances of loosing parking after possession or you'll get the same at higher premium ...
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  • ..Still Confused Designer......anybody.
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  • Parking is always allotted by the builder even if you pay for it... Earlier the agreement would state, For example Rs 200,000 is for parking which will be allotted to you at the time of possession.

    Some of the builders charge it on cash. So once you pay the cash amount, he will give you a letter allotting the parking space.

    In effect just as the builder is not able to sell parking, if you want to sell the flat at a later date, the buyer does not get the parking. Parking goes back to the society and the society has to allot the space to the new buyer...
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  • Hi, I am so happy to join this forum and see such healthy suggestion and discussion on Parking charges. I do need some expert help please...

    I have booked a flat in 2007 and finally now builder is offering the procession next month. I met them to settle the balance amount and parking and they are asking to settle the Parking amount to issue a Parking allotment letter. My project is Two towers A & B each is G + 3 level of podium parking + 21 floors.

    In my flat agreement, there is no where its mentioned that there will be a separate Parking cost. Now they are asking for 8 Lac + service tax for this podium parking. This amount they want in black (all cash) and than they will issue a Parking Allotment letter. Further, if you do not wish to take this parking, we have to sign a letter that we do not need parking.

    In addition to this 3 level parking, we do have 42 stilt parking (open) which will be given to society to decide on.
    My questions :
    (1) Kindly advise whether builder can ask for this podium parking cost..is it legal ??
    (2) Can I fight back ?? If yes, please advise how should I start with..
    (2) If I avoid parking, is it mandatory to sign such letter which will allow them in future that I am the one who opted not to go for parking and they allotted to others.
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  • Originally Posted by Realtyfreak
    In my Contract/Agreement..........for car parking it is mentioned "covered car parking will be alloted at the time of possession on First come First Serve Basis"

    Now can anybody clarify (legal)...does it mean the builder can deny parking if the the flat holder delays possession.......how should one read this


    Let's say there are 100 parking spaces in your building, and say 150 apartments, the builder will issue the allotment letter to the first 100 buyers who pay him the going rate for the parking space.

    If you are the 101 st occupant taking possession, and all the parking spaces have been allotted at that time, the builder can tell you that all parking spaces have been already allotted on First come First Serve Basis and you cannot be allotted the parking space.
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  • Originally Posted by arshu11
    Hi, I am so happy to join this forum and see such healthy suggestion and discussion on Parking charges. I do need some expert help please...

    I have booked a flat in 2007 and finally now builder is offering the procession next month. I met them to settle the balance amount and parking and they are asking to settle the Parking amount to issue a Parking allotment letter. My project is Two towers A & B each is G + 3 level of podium parking + 21 floors.

    In my flat agreement, there is no where its mentioned that there will be a separate Parking cost. Now they are asking for 8 Lac + service tax for this podium parking. This amount they want in black (all cash) and than they will issue a Parking Allotment letter. Further, if you do not wish to take this parking, we have to sign a letter that we do not need parking.

    In addition to this 3 level parking, we do have 42 stilt parking (open) which will be given to society to decide on.
    My questions :
    (1) Kindly advise whether builder can ask for this podium parking cost..is it legal ??
    (2) Can I fight back ?? If yes, please advise how should I start with..
    (2) If I avoid parking, is it mandatory to sign such letter which will allow them in future that I am the one who opted not to go for parking and they allotted to others.


    First the answers to your questions-
    1.) Not legal but a norm. Builders charge this amount to allot the parking space.
    2.) Probably not, the builder may have already covered the legal jargon in the agreement you signed with him.
    3.) It is probably not mandatory or legal, but the builder will probably say that this is one of the formalities you have to complete before taking possession of your flat.

    My personal opinion -

    Eventually, the builder will move out and a society will manage the day to day issues of the residents. The 42 open parking spaces will be open to all residents and there will always be contention and fights for these open parking spaces.

    Think long term, and buy that parking space, negotiate a lakh or two down. The builder is taking the money in cash because it is not legal for him to sell it to you. The Service tax part is a joke, since it is a cash transaction the builder is not going to pay the service tax to anyone.

    I am familiar with the Andheri(W) area and an allotted parking space here goes for around 5Lac to 6Lac. I also read in this forum that somebody is getting an allotted parking space for 15Lac in a BKC project.
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  • Originally Posted by rayan_nc
    First the answers to your questions-
    1.) Not legal but a norm. Builders charge this amount to allot the parking space.
    2.) Probably not, the builder may have already covered the legal jargon in the agreement you signed with him.
    3.) It is probably not mandatory or legal, but the builder will probably say that this is one of the formalities you have to complete before taking possession of your flat.

    My personal opinion -

    Eventually, the builder will move out and a society will manage the day to day issues of the residents. The 42 open parking spaces will be open to all residents and there will always be contention and fights for these open parking spaces.

    Think long term, and buy that parking space, negotiate a lakh or two down. The builder is taking the money in cash because it is not legal for him to sell it to you. The Service tax part is a joke, since it is a cash transaction the builder is not going to pay the service tax to anyone.

    I am familiar with the Andheri(W) area and an allotted parking space here goes for around 5Lac to 6Lac. I also read in this forum that somebody is getting an allotted parking space for 15Lac in a BKC project.




    Thanks a lot Ryan
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  • Originally Posted by rayan_nc
    Let's say there are 100 parking spaces in your building, and say 150 apartments, the builder will issue the allotment letter to the first 100 buyers who pay him the going rate for the parking space.

    If you are the 101 st occupant taking possession, and all the parking spaces have been allotted at that time, the builder can tell you that all parking spaces have been already allotted on First come First Serve Basis and you cannot be allotted the parking space.

    Thanks a lot Ryan
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