“Car parking and open terraces are a part of the society’s common area. They are not part of the FSI (floor space index) allotted to the developer. Hence, he has no right to charge any money for
this space. Developers can only sell this space if they can prove that they have used the FSI allotted to them to develop it,” says Ravi Goenka, a high court advocate with Goenka Law Associates.

A 2010 Supreme Court ruling had made it clear that apartment buyers need not pay extra money to the property developers for parking spaces, either open or closed. The judgment said “Stilt parking spaces do not cease to be a part of the common area and facilities merely because the promoter has not described them as such in the agreement with the flat purchaser. The promoter has no right to sell any portion of the building which is not a flat.”

The Apartment Acts of most states also say that selling of parking area is against the definition of
‘common area and facilities’.

Even if you have paid for a parking slot, you cannot keep it. Since the sale of car parking slots is
illegal, its purchase also becomes null and void. After a housing society has been registered and
taken charge, it becomes the owner of all parking spaces within the project.

Since developers are not allowed to sell car parking slots, they have developed a clever way to
circumvent this rule. They no longer charge for it as a separate item. Instead, its cost is built into the apartment’s price. However, if the buyer-seller agreement mentions car parking as a separate item,
or the buyer can produce other evidence of having purchased it, he can challenge the developer.

In such an event, you can seek redress in a consumer court at the city or state level. Recent judgments have gone in favour of buyers. The Tata Housing Developmental Company, for instance, had to refund Rs. 50,000 which a customer had paid for a parking slot at one of its projects. He was also awarded a compensation amount of Rs. 20,000.

Source: http://economictimes.indiatimes.com

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