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What's the next step

Guest (Querist) 29 February 2012 This query is : Resolved 
A builder built 25 flats with sanction for 20 showing 9 official parking places. All the flats were booked at the drawing board stage. Finance Company/Bank willingly gave home loans in instalments supposedly observing all rules and regulations on the issue. The municipality gave electricity, water connections and started collecting house taxes from all 25 ( exempting defence personnel) and it was formally handed over to a group of owners who had shifted in.
There was however adequate space for parking may not 160 sq feet per parking as stated by the Builder during his examination in chief in a court of law.
A owner society was formed represented as president , secretary by the respective father , husbands mostly.Parking slot was allotted arbitrarily attributing the same to the builder who dillydallied the issue for his own vested interest.
The climax was reached. One dispute to another and another , then to arguments and then to filing a complaint to the police which conveniently converted the complaint to a criminal case under Sec 341 & 506 as is routine in this country. Yes it was me who was affected.And it happened exactly 4 months I shed that olive green uniform for the past 30 years supposedly protecting those people who gave me the reward.
Now after 45 or more visits to the local courts appx 3 years the case is closed on my acquittal.I am yet to get my Parking slot as that had to be fought in the civil court.I have a 3 BHK flat . There are 10 THREE BHK and 15 two BHK flats. five two BHK flats are in excess to the sanctioned plan. All those 5 two bhk owners are paying house taxes.There are nine car parking as per the schedule three of the building plan . It was not known to the owners.
All these have come out during cross examinations of the prosecution witnesses. As per them:
That none knew about Schedule three i.e that only nine car park was approved.
That the car parks were allotted to them by the builder.
That it was as per seniority of booking.
That parking spaces are not of equal dimensions.
That only 24 car parking slot were allotted by the builder and the 25 th owner was to park his car outside on the street.
That society did not allot the parking.
But as per Builder :-
He defended above arguments initially but broke down and stated :-
That construction not as per approved plan.
That it was customary to attach schedule three to get the building plan sanctioned.
That car parking was done by the society and not him.
That he had not visited personally how the car parking been done but was reported of some anomaly by the accused.
That appx 160 sq feet is to be alloted for each owner for car parking . That's the standard.
That he is not responsible for improper car parking to the accused.
Now I need my proper car park . I am no Mahatma and hence need those who are still not willing to re allot the car parks (though spreading rumour through third party that they had actually withdrawn the case against me)be shown their respective places on earth as early as possible.
Now will you please advice?



Raj Kumar Makkad (Expert) 01 March 2012
It shall be better if you take the specific time of any local lawyer.
Guest (Querist) 01 March 2012
But I thought a second opinion is always useful.Isn't it?


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