• Improper parking allotment by builder

Namaste, 
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 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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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 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Hello,
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.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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