As per agreement builder not provided the car parkin space
Flat situated Ranchi. I booked the flat in 2004 and possession in 2009. Till date car parking space not provided that is why registration not done. What I do sir ?
Asked in Property Law from Ranchi, Jharkhand
Move the consumer forum. the forum is giving relief to owners of flats who have not reieved what was promised to them by builders and promoters besides the supreme court also has empowered the commission to give huge compensations in terms of relief.
1) request builder to execute regsitered sale deed in your favour
2) if builder fails to do so file complaint before consumer forum and seek orders to direct builder to execute regd sale deed in your favour , pay litigation costs and compensation for mental torture undergone by you
3) please note that builder cannot sell car parking slots .
4) if association has been formed of flat owners they can allot car parking slot to you after you have regd sale deed from builder
The builder has committed deficiency in service if her has not delivered the car parking despite making a promise to do that. You should move the consumer forum against him to recover the amount paid to him with compensation.
Please note that the builder is bound to provide the space as stipulated in the sale agreement or sale deed.
If the builder does not provide so then you can file case before the consumer forum seeking whether delivery of stipulated space or damages for deficiency of service.
So give the builder an ultimatum. If the builder still fails to do so then file the case in consumer forum.
The builder is not the person to allot you the car parking space.
After handing over the entire building to the flat owners association, it is the association which will allot car parking space as per the rules and bye laws.
Hope you have a registered society?
Contact the office bearer or the secretary of the society for allotment of car parking space
1. first give him a notice thereafter file a case before the consumer forum.
2. forum is empowered to give appropriate relief in this case. You have to produce sale deed and agreement of sale as evidence.
3. builder is also liable to pay compensation for the inconvenience caused to you.