Car Parking dispute in Flat

Hi Swarnava,

Your car parking dispute raises some important points. Here’s a breakdown and suggestions on how you can handle this legally:

Key Issues:

1. Agreement mentions “Parking for one car” but no details on size or exact location of parking space.

2. You paid ₹3 lakhs for parking but there’s no clarity on square footage or exact area reserved for your garage.

3. You want this to be clearly specified before signing the sale deed.

Legal Points:

• Sale deed should clearly mention all details of the property being transferred, including the exact parking spot/garage area with measurements or boundaries.

• Parking space is a part of the property agreement and should be detailed like the flat itself, especially since you have paid a separate amount for it.

• Vague terms like "parking for one car" without specifics can lead to disputes later.

• As per RERA (Real Estate Regulation Act), 2016, developers must disclose details about the property, including parking spaces.

• If your booking is post-RERA, the builder is legally bound to specify details of parking in the agreement or sale deed.

What Legal Actions You Can Take:

1. Before signing the Sale Deed:

   • Request the builder/developer to provide a clear written statement/document specifying exact parking space, its dimensions, and location.

   • Ensure this document is attached as an annexure to the sale deed or incorporated in it.

2. If builder refuses or is vague:

   • Send a legal notice through an advocate asking for clarification and proper documentation of parking space.

3. If you have evidence of payment (₹3 lakhs) specifically for parking:

   • You can claim breach of contract or misrepresentation if parking details are not properly provided.

4. Approach Consumer Court or Real Estate Regulatory Authority (RERA):

   • File a complaint alleging deficiency of service or violation of RERA norms.

Practical Tips:

• Don’t sign the sale deed until parking details are explicitly mentioned.

• Keep all receipts, payment proofs, and communications in writing.

• Consult a real estate lawyer to draft the notice or represent you if needed.

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