Non-disclosure of parking information even after allotment

Pukuraj Babu (Querist) 21 September 2017 This query is : Resolved
Hi,
I purchased a ready-to-move-in flat in Bangalore recently. During the initial discussion the sales people told me that allotment of the parking lots were done only for those people who got the possession based on lottery and now they would allot based on individual preference from the remaining lots. From the date of booking till registration I had been inquiring about the allotment for my flat but they were simply delaying the matter but at the same time reassuring every time that parking allotment would be done based on my preference. The agreement includes a covered car parking clause in it and they charged me 1.56 lakhs for that.

On the day of possession & handover, I was told about the allotment of car parking and it was the worst among the remaining lots. I was not happy and when I then talked to the senior officials & they told me that actually the parking lots were allotted 1 year back using the same lottery based system and they can't do anything now. I went up to their directors as well but got the same response every time.

Now my questions are:
1. If the parking lot was allotted one year back, are they justified to withhold that information from me even after repeated inquiries from me? As a customer I was denied the right to make an informed decision about buying the flat after knowing everything that was known to the builder at that point.
2. If the allotment was done prior to my agreement date, is the builder bound to disclose the allotment information in the agreement and sale deed?
3. I have email and chat scripts to prove about me inquiring about parking lot allotment.I have emails from them stating that all parking lots were allotted 1 year back i.e.before my agreement date. I am contemplating going to consumer court, do I have any chance to win the case?

The builder is a renowned builder here and has battery of advocates to fight. So wanted to understand if I even have any chance to win.

Thanks,
Pukuraj.

Follow Query

Report Abuse

Ms.Usha Kapoor (Expert) 22 September 2017
Yes! You can approach a Consumer court regarding deficiency services on the part of sales people regarding parking space or lot. and also non disclosure of information regarding parking lot. You'd win the case.

Guest (Expert) 22 September 2017
Your questions are irrelevant in the absence of discussion, what efforts you have made to get your issue solved by taking up of the case with the management of the society.

Moreover, please excuse me to be frank, your happiness has nothing to do with the case of allotment of parking space. It is a discretionary matter of the management of the society. So, there is no question of choice of a parking space by the allottee. However, if some defects have been noticed, you could have taken up the case with the management of the society. You have not mentioned anything about your discussions or exchange of correspondence with the management and their response on that aspect.