Parking lot dispute
aruna
(Querist) 13 August 2012
This query is : Resolved
Dear Experts,
We purchased a flat and as per the deal, builder provided 2 parking lots. one in the ground floor and one in the cellar.
Demarketed parking lots are also mentioned in the sale deed.
However the parking lot provided in the cellar is not approachable. He has provided 4 parking lots opposite to each other (between 4 pillers in the cellar) for 4 flats. But once 3 cars are kept, the 4th owner cannot turn his car to park or park it in the space provided.
So effectively whoever comes first (first 3 cars) can park and the 4th car does not have enough space to turn and park.
This is definitely not the issue of driving skills, because best of drivers have failed to do so. When we spoke to the builder he says nothing can be done about it now, after the allocation and sale.
We bought the flat at semi finished stage so the second parking lot was not yet marked then.
Kindly advice if we can take it up as a case against the builder in consumer court or what is the right way to take this up.
Also there is an association formed now, so can the association without involvement of builder take a decision to re allot the parking lot of affected party.
Regards
Aruna
ABHIJEET PARIKH
(Expert) 13 August 2012
It is the matter of deficient service as promised by the builder you can take up d matter to consumer forum but it is advisable to reslove the matter amicably also try to find out others who are similarly affected
Ask builder to provide with proper car parking plans
if there is any ambiguity in plan you will come to know
Adv Girish N kulkarni
(Expert) 14 August 2012
Defects in the flat/building found within 3 months of handing over of the possession of the new flat/building will have to be rectified by the builder on notice under MOFA Act pls give the dates and location of the your flat so as to see the application of the said act otherwise u may avail the remedy under Consumer protection act, and in view of Hon'ble Supreme Courts judgement in the year 2010 builder cannot sale the parking lot. You may take action on that line.
K.K.Ganguly
(Expert) 15 August 2012
File a complaint before the local District Consumer Redressal Forum alleging deficiency in service claiming the garage space, damages & cost
