Improper parking allotment by builder
I wanted advice on how to file case against my builder for improper parking Allotment. Is it compulsory to have a lawyer for this suit?
How should I file this lawsuit?
Thanks in advance for any advice!!
Asked 3 years ago in Property Law from Pune, Maharashtra
1) has builder sold car parking slots . ?
2) What is basis for allotment made by builder ?
3) builder cannot sell car parking slots . it forms part of common areas .
4) need further details to advice
1. Yes I paid for parking, it's an open parking. I bought this house on Mar 2010. Price was included with the flat. Now the issue is that They have allotted duct area for parking to me. It's not at all proper. First they had marked it as Two wheeler parking, so this clearly proves they are trying to adjust me somewhere. After my complaint they have painted on the two wheeler markings. Saying it is a mistake.
2. The builder says it's a first come first serve basis, I wonder because I had booked this flat before the plan was approved, so I don't understand how I did not get a proper parking. I believe they have failed to plan for proper number of parking for each flat.
3. I tried to compromise by asking them to at least cover the parking area so it protect car from anything is thrown on 20 windows that open to the duct area. They don't agree to this as well.
4. Please advice how should I file this case? What type of lawyer do I need? Is this a consumer law case?
Asked 3 years ago
1) please note that builder cannot sell car parking slots
2) Sc has held that car parking slots forms part of common area and is for benefit of all flat owners
3)file RTI application before municipal corporation and obtain copy of building plans and for parking sanctioned by municipal corporation .
4) move consumer forum and seek refund of payment made to the builder and for allotment of car parking slots by drawing of lots as provided in the bye laws
First of all you should go through the agreement once again in which the said allotment would find a mention.
If the proposed deceitful act by the builder is contrary to the agreement condition you have a case to file against him. The duct parking if has been proposed to be a permanent parking slot and the same finds a mention in the plan, then you may have to go by the terms of sale agreement. Actually the parking slots are not to be sold as per supreme court judgement. You may quote this in your complaint before the consumer forum against the builder.
1) Your case would certainly come under consumer redressal forum as you gave been provided the service offered but with inadequacies. Deficiency in service is what you will file your consumer case under.
2) you can either send a legal notice to the builder or send a letter properly drafted demanding parking as promised and paid for by you and warning him off legal action if your problem is not resolved.
3) Of the builder fails to comply with your demands in the notice file a case in the district consumer redressal forum. If you make a visit to the consumer forum office you can obtain the format used in the particular district forum.
1. The parking space which is mentioned in the agreement or brochure, as the case may be, has to be allotted. Parking space cannot be allotted on a first come first serve basis. The builders make towering promises to entice people to book the flats but do not carry them out once the sale has been made.
2. Issue a lawyer's notice to the builder to demand the car parking which he is obligated to provide. If he does not meet the demand then you may file a lawsuit against him. It is a consumer law case.
1. If the builder has not acted as per the agreement or written assurance/promise, you can approach the Consumer Forum seeking relief,
2. File a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate allotment of covered parking area as the agreement/assurance, damage and cost,
3. You can file and plead before Consumer Forum yourself.