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Hari   15 July 2023

Builder not alloting parking space and denying entry of bykes and cars into building

Dear All, 

I purchased a 2-bed room Apartment flat in 2014 in Hyderabad. Now it is used as a commercial flat. In my document, it clearly mentions my previous owner purchased from the builder along with car parking.

But the builder didn't allot car parking in the registered document. He postponed my previous owners saying I will allot later and asked them to par where ever they wish.  earlier last 15 years before covid he allowed the parking of bikes and cars where ever the owners wish to park. 

The builder kept all the rights of maintaining the building with him and he is not giving maintenance to existing owners, he is playing divide and rule policy. 

Now after covid, he is not allowing our bike and car to enter into the building and he says the parking slot is not mentioned in your document. 

i am giving brief information on what is mention in my document 

In Annexure 1 A  they clearly mentioned Cellar Parking Area -- 17.5 Sft. 

 

And also they have given a letter to our previous owner as 

dear sir,

we have received total payments towards flat no d-1, escallation charges, service charges like electricity, water, drainage, etc and car parking charges.

you have totally cleared the payment , as per there understanding to our full and final satisfaction . hence we have no dues from you for the above flat .

thanking you, 

yours faithfully,

seller name

in documents it is mentioned flat is purchased of 989 sft with 35 sq yards undivided share. 

 

Now what are my rights in parking my car or bike in this apartment. 

he is now trying to collect again money to provide parking space , is it legal to sell parking space now to me . 

do I have rights to park my bikes and car . whom I need to approach for justice. 

Regards,

Babu



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     15 July 2023

You can issue a legal notice to the builder instructing him to refrain from stopping you to use the car parking space  failing you may approach consumer forum with a compaint against the builder for deficiency in service.

Besies you can gather like minded people and form an assiociation and demnd the builder to handover the apartment and the common areas to the society/association.

You can form an asosciation if there is none yet and then get it registered so that you can sue the builder as per law.

Hari   16 July 2023

Thank You sir for your reply. Builder is not encouraging to create society. many owners stay in different location so he takes advantage of this. How much strength needed to create association. 

He is also constructing illegal construction and managing officials with money power. 

please give some insights incase if I need to fight individually for my parking issue. what steps I need to take


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