• Allotment of proper car parking place

We have purchased our Flat in year 2016 (Raghuvanahalli, Kanakpura-Bangalore) with primary condition of comfortable parking place after rejecting their other shown flats, where parking place was not confirmed. And, made sure that sales dead and registration has mentioning of proper parking place. Builders has another many ongoing and completed projects in Bangalore, but does not come in RERA.
Right after registering the flat, we have been after builder to allot us the place, which he is escaping to do it properly. And, now we are staying with family and two kids. Sometimes, he is giving the place outside the apartment by making shelter, than after rejecting that, inside on sloppy area. Also, both tried parking place had very limited space in comparison to other flat owners. However, others who have purchased prior to me has good and spacious parking place.
There is wall leaking problem as well, for which they are not at all listing right after purchasing till now. Following up with builders is very stressful and I met with twice accidents as dealing with them is causing mental harassment. Also, not able to focus on work properly due this continuous follow up with them since from last two years. Do not know what to do as I have spent for shifting my kids to the new area school and making interiors. 
How, I can get justice done to me.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu

1)file complaint against builder before consumer forum

2) seek orders to direct builder to rectify leakages

3) seek orders to allot car parking slot to you

3) seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

you can give complaint under RERA

Charulatha M
Advocate, Bangalore
6 Answers

Not rated

if any body purchases flat then accordingly he is entitled for parking if parking area is available, as in your case parking area is there therefore each of the residents have equal right to park their vehicle.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Firslty, Sir, as you may also have an idea about the ongoing RERA rules for th builder to comply with.

Secondly, but, the rules only safeguard the consumer from any hardship till the possession of the property.

Thirdly, you have two option, first is to approach the Consumer Forum of State which may take quite sometime to give you the justice.

Fourhtly, second is that you may file a suit for breach of contract in the Civil Court of Law, and ask for the present needed appreciable condition for the parking.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

What is written in your agreement?

has builder charged you for a separate car park?

was the position of the car park to be allotted to you shown on any plan annexed to your agreement?

did you personally see any car park which the builder had promised to allot to you?

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

Dear,

Good and cheap way for this situation is first you give builder a notice for

all the problems and if after this he will not take any action than file consumer complaint against him.

IN your complaint seek every thing with mental, physical compensation.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir file a consumer complaint against the builder for deficiency in the services and the malpractices.

First give a legal notice to the builder for doing repair allotting proper parking space and further pay damages for the mental harassment.

if he doesn't do needful file a consumer court claiming damages for mental harassment repairs and parking space along with the legal fee.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

After the RERA came into force no property can be sold without the registration in rera and in case you have any problem in on going projects at the time of rera come into force you can complaint in rera against the Builder

At the same time you have the opportunity to complaint in the district consumer forum or state consumer dispute redressal Commission if the value of the property is more than 20 lacs for the compensation for not providing proper services as per the apartment act no flat can be sold without a parking space

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

Dear Sir,

You can get issue a legal notice threatening to approach consumer court or civil court to bring a direction against him to mandatorily oblige your instructions. You have other options which can spell out only on seeing the terms and conditions stated in the sale deed etc.,.

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

You issue a legal notice to the builder demanding proper parking space to you as assured by him in the sale agreement.

Failing to comply with the demand made or refusing to allot parking space, you may drag him to consumer forum seeking relief and remedy for this.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1. File Consumer Court case for the Builders gross negligence & deficiencies, by providing documentary, photographic and witnesses proofs, and claim damages & compensation.

2. The above will force the Builder, to solve your mentioned problems. Some Criminal cases also can be filed on the Builder.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Send a legal notice to the builder and thereafter file a case before the consumer forum for unfair trade practices and cheating, for not providing the amenities as provided in the brochure.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

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