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Re allotment of parking with out notice & concern by builder

(Querist) 30 January 2014 This query is : Resolved 
Hi Sir.

We purchased a flat with 2 parking from a builder in blr. We got a clearence letter with no dues from builder to occupy the flat in Nov2012. we started living from dec2012 & parking got 1st & 2nd parking alloted(marked & given with flat no)in june 2013, then after 3monthes 2nd parking got re-alloted to the land owner by the builder, & had to compromise with another parking.
Then in the month of dec2013 when we were out of town(on vacation)without informing us the builder again realotted our 2nd parking again to the landowner. we have been forced to chose a sidy parking lot by the builder. As the builder do not provide any parking allotment letter what is the legal action can be taken against the builder for cheating & making us go thru such terrible mental pressure.

Thanks
Jamy
ajay sethi (Expert) 30 January 2014
builder must have submitted car parking space allotment plan to muncipial corporation . obtain a copy of the same .

builder cannot sell car parking slots since it forms part of common area . if builder has charged you for car parking slots move consumer forum against the builder for
refund of amount paid for slots .
Jamy James (Querist) 30 January 2014
Thanks Ajay for the information. Just want to clarify once more that the builder or developer is not suppose to charge the flat owner for the car parking. we have a sale deed which clearly states an amount for car parking around 3lakhs(for 2 parking). Can this be taken to the consumer forum.

Thanks
Jamy
Rajendra K Goyal (Expert) 30 January 2014
Yes, you can move to consumer forum.
Devajyoti Barman (Expert) 30 January 2014
Yes, the deed of sale showing the parking space is very key to this issue and the builder can not escape from these covenants.
This is a clear case of deficiency of service and unfair trade practice.
Do file case before consumer forum to claim the allotted parking space and for damages as well.


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