Unfair car allotment by builder
We had a property land. We entered in to JDA (Joint development agreement) with a builder with 50% share agreement.
We as land owner wanted two 3-BHK in first floor; and builder initially planned for two 3-BHK in 2nd floor. As per JDA the slit area (ground floor) was decided to be shared as 50%.
Due to some reason; the builder changed his plan to go for THREE 2-BHK in second floor (got official plan approvals & we too agreed - as it was not affecting us). We updated the JDA & registered it again.
But while allotting the car parking in Slit area; he is not ready to give the 50% share. Though our JDA still says that: 50% of slit area will be shared to land owner.
1) Can we raise this as a legal concern against the buider?
2) Builder was also un-fair in allotting the car parking slot. (MAIN Concern) For all the 3 flats owned by builder; the cars can be taken out with-out disturbing other cars. But for the 2 flats owned by the land-owners; he has allotted the car parking in such a way that: we need to move out one car; to take another car. We are really dis-appointed with this. Can this be raised as 'Unfair allocation of Slit area'.
We went for multiple discussions with the builder; but we could not resolve it.
Please do share your expert views; to resolve our concern. Thanks