Allotment of parking space for my flat
1) My parking (location) is specified in my agreement with the builder. The physical marking of the parking space for the tenants in the flat was done 6 years ago. I started occupying my flat 5 years back. It is after my occupation that clear cart demarcation of parking space is done.
2) My parking lot is between narrow pillars from main corridor and again need to take sharp left term between another set of pillars, virtually impossible for an ordinary man to park in normal circumstances. Although the defect is very much patent and visible then I kept silent.
3) Another fact I want to mention is that free undivided ground area is very less in our building. Total number of flats is 22 nos. If all 22 tenants cannot be able to park the same time unless all own a small car.
4) I did not object when parking lot is done. I don’t have car although I could afford one and I have used to drive car when I was abroad. Since I don’t have a car when parking lots were marked I am allotted an “impossible to park parking lot. I did not object then.
5) I am aged 63. I read about of the concept of rule of law and natural justice. Hence now I realize that if I did not assert my right, I would be doing injustice to my children and grand children who will inherit my flat.
6) Under the circumstances kindly advice what recourse I have against the builder and the Association under the law.
7) Is it possible to rattle the Builder and Association by sending a notice to compel them taking a revised stand?
D.RAMAKRISHNAN. TEL: [deleted].
Asked 6 years ago in Civil Law
one or two tenents have two parking slots. there occured few changes against in lots alloted 2-3 tenants (against what was mentioned in their agreemnet and where currently parked) I have told the builder about my parking lot earlier, but was not serious. i need to send a legal notice to assert my claim and for some positive action from the Association (i was the Secretary of the Association when the builder handed over the property). During that first AGM another tenant who was similarly placed like me raised this issue. Assocation took the stand that it is a matter between him and builder. Anywayi want to send a legal notice for some action. advise. further
Asked 6 years ago