Shri. Avinash Laxman Mhatre, C-103, Classic Plaza CHS, Mhatavali- Nagaon Road, Tal-Uran, Dist- Raigad, Navi Mumbai- 400702. 20 Apr 2018. To, M/s Vagad Enterprises, 225,2nd Floor, Big Splash, Plot no. 78 and 79 Sector -17,, Vashi, Navi Mumbai-400705 ‘SUBJECT : Parking space for Flat No. 901, 9th Floor, B wing Akshar Evorra, Plot no. 30, Sector-47, Dronagiri. Ref: 1. Undertaking Letter citing subject Non requirement of Parking spaces for my/our flat No. 901 on the Sth Floor, Bwing Akshar Evorra, Plot no. 30, Sector-47, Dronagiri dated 21st January 2015. 2. My letter to your office dated 8th Mar 2018. 3. Your reply vide letter dated 14th Apr 2018. That | have purchased flat no. B-901 in your project Akshar Evorra in the year 2013, That after the said purchase | was coerced to give an illegal undertaking dated 21st Jan 2015 wherein | was compelled to relinquish my rights to park my vehicle within the society premises. On further enquiry | got to know that such an undertaking is illegal Thereafter, | specifically withdrew the undertaking through my letter quoted at '2' above. Therefore the letter of undertaking dated 21st Jan 2015 is invalid and cease to exist, and your reply quoted at para '5' of your letter is inappropriate. You have failed and avoided to specifically reply the queries in paras no.(i) to (x) sought through my letter quoted at '2' above. It is unfair and unprofessional to ignore these queries specifically asked in respect of the above subject. You only stated that you have not collected any amount towards Car parking space and therefore the same is not mentioned in my agreement, which is not a new fact. Whereas Ihave asked you very categorically, as to whether builders/developers can sell the parking spaces? Do you possess the right to allot parking space to the Flat owners? Do you have CIDCO/Government authorisations for sale of parking spaces ? Have you sold any common parking space(Stilt &Open) to any of the flat buyers in Akshar Evorra? Page of /o2.Whether Parking spaces (Stilt &Open) / fall under the category of Common area of the building and many other queries which remained unanswered in your letter. As per the extant law, itis illegal for builders to sell open spaces as a parking space to flat purchasers and you do not possess any right to allot and distribute the Common parking (stilt and open) area to the flat purchasers. Hence your statement at para 'S' of your letter is without authority. You have mentioned at para '4' that the building has to be maintained, including the open spaces, other amenities, its respective outgoings and common area of the building with the maintenance charges, which are equally divided between all the Flat holders. You failed to clarify about the common area of the building and it is now understood that the Parking Spaces(Stilt &Open) fall within the common area which can not be sold or kept reserved for specific flat owners. It may also be noted that as per the Agreement for Sale dated 23rd January 2015, | had to get possession of my flat on or before the month of Dec 2017. However, the possession of my flat has been inordinately delayed. In view of the above facts, | hereby once again bring to your notice that the undertaking you obtained from me is illegal and | have a right to park my car within the society premises in the designated parking space in the common areas. Avinash L Mhatre Flat No. B901, ‘Akshar Evorra, Dronagiri. Pagge o2/or