• Parking allottment

Hi Team,

I purchased a resale flat in one of the premium projects and in the original Sale agreement with previous owner, builder clearly mentioned clause where he will allocate permanent parking at the time of possession of that flat. While giving possession builder issued an Temporary parking allottment letter. During my resale agreement builder mentioned to continue using same parking allottment. Now when I am trying to get the permanent parking allottment letter, Builder is denying the same parking slot and giving permanent parking letter for the mechanised parking which is not even ready. Can I raise the dispute with builder in Court.
Asked 1 year ago in Property Law
Religion: Hindu

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7 Answers

You can file complaint t against builder before consumer forum for failing to give permanent parking slot as provided in sale deed .

 

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

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

You can act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

The option before you is that you can drag the builder to the consumer forum seeking relief of allotment of parking space.

Let the builder speak his rules before the court, you can challenge his version i.e., his own rules which are not acceptable as per the law of the land.

You can issue a legal notice to the builder directly and send the same by registered post.

You can vent out all your grievances in this regard and seek relief as well as compensation for the mental tortures he has done to you in this regard.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

The letter for Car Parking Allotment from the Builder is enough which would have a legal stand too.

The letter, issued by a housing society, builder or developer, confirms the detailed allocation of a unit or property to the buyer.

If the builder has not acted as per the agreement or written assurance/promise, you can approach the Consumer Forum seeking relief,

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. 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

- Since, the said builder has committed to allocate one permanent parking at the time of possession , then he cannot escape from the clause as mentioned in the agreement. 

- You can issue a legal notice for the same, and if no positive response then file a complaint before the Consumer Forum , and also claim compensation for mental harassment. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Dear Client,

The builder has not provided the permanent parking allotment and instead offering a mechanized parking which is a violation to the original sale agreement. This action can be considered as breach of contract and the owner legally can file a dispute against the builder in the court. According to Indian Contract Act, 1872, contract means a promise which forms the consideration for the agreement and if it is violated or broken then it makes it legally enforceable. In this case it was agreed with the previous owner on the sale and which contained a provision by the builder to offer a long term parking space. The fact that the builder has engaged in such conduct in issuing such letters to many other residents may be helpful. In order to continue with the legal case, you need to find a real estate attorney, who would help you with the process and assist in presenting it before the court.

 

Hope you find this advice beneficial.

 

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

Greetings. Yes, you are fully entitled to all the amenities which were promised to the previous owner as you bought the property as a whole with all the facilities and bundle of rights that the flat entails. You can start by sending a legal notice to the builder, many a time only a notice would sort things out. If that does not happen you can take the matter to court, both civil as well as consumer.

Hope I have answered your query. Let me know if you need any clarification.

Gagandeep Singh Thandi
Advocate, Pathankot
69 Answers

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