Car parking allotment

Harsh (Querist) 09 July 2017 This query is : Resolved
Hi Experts,
My cousin entered into a JD with a developer, the project completion was delayed by many months (though possession given with pending issues). Finally builder marked parking. He had a meeting with my cousin about allotment which was not reduced in writing, and next he allotted parking to his customers without any written agreement on parking with my cousin (who is the landlord). The parking allotted to my cousin is less than the agreed percentage in his JD (he was offered 35% but the actual parking he is left with now is less than that, he got 1.5 parking slot less and also got more smaller slots). The buyers are now in the process of making an association in 2-3 weeks. The landlord is completely sidelined in the allotment process.
What options are there for the landlord to prevent further damage? If an association is indeed formed, should he also become a member? Also how to rectify the allotment errors?
Please suggest soon. (this is in Bangalore).

thanks,
Harsh

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Harsh (Querist) 10 July 2017
Thanks you, JD has a standard arbitration clause but builder took a one-sided decision. He now claims that during that meeting both agreed verbally and that is enough - the proposal itself was not as per JD terms and the layout was not correct (used up some common driveway also which is illegal).
We are looking for a suitable lawyer in Bangalore to help us take this forward.

Harsh (Querist) 10 July 2017
Keeping it open for additional opinions/thoughts.

Rajendra K Goyal (Expert) 10 July 2017
Commercial query.

Show all documents to local lawyer and discuss in detail.

RAVI K GOUD (Expert) 10 July 2017
Mr. Harsha,
There are a lot of questions for you to answer to get a good solution. Try to take out all the details for the following:
1. Development Agreement is the basis for the Project, so go thru the terms of the Agreement. Check whether developer complied with them or not, if not- pinpoint exactly where the deviation happened and it had taken up. If he has complied then analyse where is the problem.
2. Check the rights given to the Builder with regards to registration of flats/villas to the prospective buyers.
3. If he does not have rights to register, then no buyer will get good title and that can be challeged in the court.
4. As far as allotment of Parkings are concerned it should be averred in the Developmental/Registration deeds and before that there shall be sharing of flats along with the parking lots between the builder and owner of land and the same shall be demarcated. So without having the right by the builder he cannot convey the same to his purchasers.
5. Oral promises cannot stand with transfer of properties.

So friend, first go through all these aspects and then meet the local lawyer who can help if you meet with him with all the documents.

RAVI K GOUD (Expert) 10 July 2017
One more thing I forget tell you, Association will come into picture only when all the inmates of the Apartments are legally eligible to form an association, otherwise nothing to worry with association.