I bought an apartment in 2015 Oct , the registration was done 2016 May. During the Agreement time , agreement it is clearly mentioned that car parking slots allocation will happen on the basis of booking order, first cum first serve basis.I started staying the apartment from 2016 Aug Onwards . Now Car parking allocation happened . They had given me an option to choose 4 .When I am booking apartment there are 8 more apartment in my block . I had requested for a better parking as the allocated parking spot is small and I am expecting 8 parking slot after me .However now It is learned that the builder had given better options to others who booked much later to me . even the slot I asked were there in that . Is there any way for me to sort this out ? I contacted the builder and they said they had done it according to the booking , I asked for the booking dates of customers , they told it is customer secret they can not do any thing . What I can do now to get a better parking area ? The final allocation is going on . Can I get any legel support based on the clause in my agreement ?
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1) issue legal notice to builder to hand over car parking slot as per clauses in agrement of first come first served basis
2)call upon builder to give detailed particulars of date of booking of flat owners
3) if builder refuses file complaint before consumer forum and seek orders to direct builder to allot parking slots on first come first served basis
1. it is a breach of contract, he cannot take defence that it is trade secret.
2. you should file a case before the consumer forum.
3. builder is stick with the agreement, and when it is breached he is bound to give compensation and perform the contract as par the terms.
1. you can take temporary injunction order from the civil court and get the allocation process stay.
2. you have right to get that relief because if this process is completed and there is no more parking slot it will cause irreparable loss to you and it is based upon legal right (agreement)
For the builder to share with the buyer the date of booking of other flats is no revelation of a customer secret. If the builder has breached the obligations imposed on him under the agreement then you may sue him for in the consumer forum to claim damages for deficiency in services.
It is a good case to be taken up with the builder. Builder has out rightly cheated you. He has not followed the due process of law in allotting the car parks as agreed.
You can take up this matter with the builder by getting issued a legal notice asking him to follow the due process, if not you can seek resolution through the civil court or through the consumer court.
For me , In my construction agreement , it is mentioned that the car parking is based on first come first serve basis(booking), Also the developer had shared a welcome letter which also had first cum first serve basis of Booking date. In my sale agreement , its not mentioned any where . My registration (absolute sale deed) , which mention that one car parking space in the basement . Is it worth to take this forward ?
As per sale deed you are entitled to one car parking slot and builder has allotted you one slot
2) if you are not happy with your slot you can raise grievance before the consumer forum as builder has mentioned in welcome letter you would be entitled to parking slot on first come first served basis
It is worth fighting for the rights which have been breached. Serve a lawyer's notice to him.
Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structure
If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas.
Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity.
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
For the present you may wait for the formation of society and then take up the matter for reshuffle of the parking slots as per the committee's decision.
For me , In my construction agreement , it is mentioned that the car parking is based on first come first serve basis(booking), Also the developer had shared a welcome letter which also had first cum first serve basis of Booking date.
In my sale agreement , its not mentioned any where .
My registration (absolute sale deed) , which mention that one car parking space in the basement .
Is it worth to take this forward ?
If you want to go legally you may issue a legal notice to the builder seeking relief and remedy and may even warn him that you may drag him t the consumer forum for his biased attitude favoring his favorites with pecial concessions flouting rules in this regard.
You may consult a local lawyer and proceed as per his further advises.