Open reserved parking is missing in index ii

Prasad Burra (Querist) 29 December 2020 This query is : Resolved
Hello Hai:

I bought a flat in 2011 in Pune. In the sale deed it is mentioned that I have open reserved parking for which I paid the builder.
In the Index II it is missed the mention. The society is NOT accepting the statement in Sale Deed. They are not allotting me open reserved parking.

Please advice the options available to me.
thanks a lot for the advice.

Regards,
Prasad.

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Quick Summary

A flat owner in Pune is facing issues as their reserved open parking, mentioned in the sale deed, is missing from the Index II document. The society is refusing to allot the parking based on this discrepancy. Advice suggests legal action against the builder for deficiency in service, potentially through a consumer complaint. While the Index II omission might be correctable by applying to the District Registrar, the sale deed's mention is legally binding. However, one opinion notes that the transaction's age might make legal action difficult, recommending consultation with a local lawyer.

SHIRISH PAWAR, 7738990900 (Expert) 29 December 2020
Hello,

You have to take legal action against the builder as the builder has not provided car parking as per the sale deed. You may file a consumer complaint against the builder.

Advocate Bhartesh goyal (Expert) 29 December 2020
Yes, not providing open parking even though received money for parking is apparently builders deficiency of services and unfair trade practice.Issue notice to builder in this regard and if builder does not comply with notice then file complaint before Consumer Forum.

Rajendra K Goyal (Expert) 29 December 2020
Send legal notice to Builder and the Society and in case of no response, file case.

kavksatyanarayana (Expert) 29 December 2020
As it is mentioned in the Sale deed, society cannot object to it. How do you know that the index is fed wrongly? If so, you have to submit an application to the District Registrar concerned through the Sub Registrar where the sale deed is registered for edit index. The District Registrar after verification of the details, issues orders to edit the index. After receipt orders from the DR, the SR can edit the indexes. Otherwise, the SR cannot edit the index.

P. Venu (Expert) 30 December 2020
The defect or lapse in Index II, in the light of the citations in the sale deed, is of no consequence. The Society is overreaching.

Dr J C Vashista (Expert) 31 December 2020
No legal action is maintainable at this stage since the transaction is 10 years old and barred by limitation.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Prasad Burra (Querist) 31 December 2020
Thank you very much to each one of your for your kind replies. The builder settled out of country - Dubai. Trying to get his contact. However, thank you once again for the advice. Regards,

Rajendra K Goyal (Expert) 31 December 2020
You are welcome.

May serve summon by alternate method, discuss with your lawyer.

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