• Dispute over covered car park

I have purchased and taken possession of an Apartment from reputed builder in Chennai. I have  paid separately for two car parks and are mentioned as covered car parking in the agreement where as upon possession, it is realized that there is an OTS opening above the car parks and has the potential for objects falling as there are windows along the wall above.

The builder is not agreeing to cover the opening above the  car parking.

As per agreement the dispute has to be resolved with Arbitration and Concillation Act 1968.

What is the remedy available?

Thanks in Advance
Asked 3 years ago in Property Law from Chennai, Tamil Nadu

Thank you for posting your query.

As mentioned by you the agreement specifically provides for dispute resolution through arbitration. In that case you must give a notice to the other side to initiate arbitration proceedings. There may be either one arbitrator as mutually decided by both the parties. Or there could be three arbitrators (panel).

Once the panel is formed, the panel will determine its procedure, and as per the procedure go ahead with the dispute. Both the parties will be given hearing and will be required to submit their respective claims. Thereafter the panel will give its award which will be binding upon both the parties.

Nishant Bora
Advocate, Jodhpur
111 Answers
30 Consultations
5.0 on 5.0
Despite the arbitration clause, you can file a civil suit against the builder.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

Ajay Sethi
Advocate, Mumbai
21754 Answers
1132 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
12650 Answers
120 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
17462 Answers
425 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
11326 Answers
207 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
4597 Answers
48 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2635 Answers
38 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
822 Answers
36 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1849 Answers
18 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1933 Answers
61 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1283 Answers
82 Consultations
5.0 on 5.0