Regarding the discrepancy between of Sale and SaleDeed
I booked a flat in my town in AndhraPradesh. During the initial discussions and in Agreement of Sale the developer mentioned that i will be allotted 2 Car parkings for my flat.
Now I paid the complete amount and they sent me the draft copy of the sale deed to check before heading to the registration process. In that it is mentioned that I will be allotted only 1 car parking slot.
When asked the developer now saying that they are issuing only 1 car parking for any facing.
The management for the developer has changed in between and so they are saying that they will not provide 2 car parking's. Though they changed the management isn't that they are still liable for whatever is agreed upon already.
Please guide me in detail on how to proceed further as they are already committed to give 2 car parking's for me in the initial agreement of sale.
Asked 2 years ago in Property Law from Rajahmundry, Andhra Pradesh
you should insist that you should be allotted 2 parking slots as per agreement .
2) you have not mentioned whether any sale consideration has been paid for parking slots
3) please note builder cannot sell car parking slots as per SC judgment
4) if any sale consideration paid ask foprr efund of money paid for car parking slot
5) it is necessary to peruse your agreement for sale / draft sale deed to advise further
If the sale agreement there is mentioning of 2 parking space, the seller can not unilaterally change the same into one parking space.
So if the developer delivers the 2 parking space then it is fine. Otherwise you have to file case before the consumer forum seeking relief od 2 parking space, compensation and damages and in all likelihood your grievance is likely to be redressed .
Since the builder has not honoured the promise he made in the agreement to sell you may move the consumer forum against him to seek directions to him to allot you 2 car parkings in accordance with the agreement. The change of management is insignificant as the new management is also enjoined to carry out the obligations imposed on its predecessor.
Irrespective of any change in management, if the builder has given a commitment and if this commitment is reduced into writing and duly signed by the builder, then they are legally bound to adhere to the terms and conditions, if they are not willing to then you take a call on whether you wish to proceed further with the registration with One car parking area only and if they are not budging then your option would be to re-negotiate the price, for one car parking only. If they are adamant then this issue needs to be sorted out only in the consumer court.
First of all sale of car parking is illegal.
The builder cannot agree for sale of more than one car parking.
If there is any word mentioned in the sale agreement, you may take him into task by first refusing to sign the sale deed and then initiate legal actions against him through consumer forum for this discrepancy as well as deficiency of service and compensation thereon.