Hello,

You can file a case against the builder, but you will have to explain the delay as the possession was given to you in 2016 and till date you have not filed any case.

Regards

If you have been promised two car parks along with two flats, the builder cannot resile from his stand.

Send this builder a legal notice calling upon him to adhere with the development agreement, failing which you are advised to file a suit for specific performance.

Once Parking spaces allotted by the builder cannot be dissolved by the society or Other Flat owners.

Builder cannot take over complete parking space

He would be entitled to 2 parking slots as per development agreement

You can issue notice to builder to vacate other parking slots

This is my response to you:

1. Send him a legal notice;

2. Tell him that parking should have been given to you as per promise;

3. Otherwise compensate you for the loss;

4. Technically speaking the supreme court has announced that, the parking space cannot be sold;

5. If there is more problems then approach the civil court and the police station for cheating by the builder.

Firslty, everything which has been written in the agreement is applicable in the later agreement for flateir also as they can’t over rule the prior condition.

Secondly, but, yes it should also not be the case as if anything amwhich terminate sthe prior agreement conditions specifically in the later one for the flateir.

Thirdly, if it has been specified on the agreement that two flats would have two parking then no further space be given to the flateir.

legally builder cannot sell parking space

parking space will belong to the association of apartment owners

the person who has paid the builder for allotment of parking cannot claim any exclusive right on the parking space

File suit of specific performance on the basis of agreement.

Even the landowner is a flat owner to the flats allotted to him in the joint development agreement.

As per law the builder has to provide car parking space to all the flats, if the space is available.

The landowner's flat is also under the same complex therefore he is entitled to a car parking space at par with the other flat owners, no flat owner can forcefully occupy the car parking space allotted to the landowner's flat.

The landowner can initiate legal steps against the builder as well as the illegal occupant who is occupying the landowner's parking space.