Car parking allotted is not appropriate
Hi Sir,
I have been allotted car parking by builder, the parking allotted is not appropriate due to following reasons:
1. There is a pillar inside that parking marked, which is taking 2-3 feet space. There is hardly enough space to park the car comfortably;
2. Parking surface is not flat / leveled, there is a slop in the marking itself which makes the space inappropriate for parking;
3. The parking area has a water harvesting hole and the lid of the same is neither properly fit nor leveled into the hole but it simply have been kept on the hole because of which vehicle can’t be parked there and even if the lid is fixed properly, the water harvesting hole will anyhow be under my parking;
4. Half body of the car will be out of the parking space and will be covering the gallery space and possibility is there that somebody may hit my car.
I feel the parking should have been done on lottery basis. But the builder has allotted the parking as per his random choice. And I have been allotted the worst parking space. I have purchased the flat from Landlord share. This may be a reason for not giving me appropriate parking by builder since he has given all the good parking to his own clients.
Though Association have been formed. But association is not ready to take any responsibility for getting me an appropriate car parking space.
Before asking my questions, I would like to mention few facts about the building, builder and association which are as follows:
1. The parking space number was not mentioned on the Registration documents of the apartment as there was no numbering done at the time of registration.
2. The building has not obtained any OC till now.
3. The builder has not issued any possession letter till now but most of the people have already shifted and staying in the building.
4. Society has been formed but formally builder has not handed over anything to the society.
5. The builder is keeping good parking un-allotted and has not marked any number on them so that he can sell those with his unsold flat.
Now my questions are as follows:
1. Is there any standard size for car parking to be allotted? Width of parking allotted to me is 2.45 meters.
2. Since the parking allotted to me does not have enough space to park a SUV like Fortuner because of the pillar coming in between as I mentioned above, is there any remedy available to me for getting a standard size parking?
3. How should I proceed with this legally? And If I hire a lawyer what will be the charges for that? I would prefer a lawyer who is in Bangalore only. And I would prefer lawyer with fixed charge which will not be taken in full in advance.
4. For proceedings legally what documents will be required?
5. What are the chances of getting the thing which is rightfully mine and the time involved in this?
6. If we go for filing suit, whether I can claim reimbursement of the lawyer fee from the builder?
I expect the answer point wise. Thank you in advance.
Asked 8 years ago in Property Law
Religion: Hindu