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Anshu Jha (Job)     13 October 2012

Parking not allotted

Hi,

I have purchased a resale flat in Pune in Oct 2011. The seller (Mr. X) had sales agreement with Builder (dated March 2007) in which it is explicitly mentioned that he will be allotted a covered parking space of 120 sq feet.

When i was purchasing the flat in 2011, i enquired about the parking allottment letter and the builder informed us that allotment is not done since completion certificate from PMC is pending.

Building got the completion certificate in March 2012. Since then i have been following with the representative of builder by email and phone. She has been telling me that they are working on it and it will be allotted soon.

But It has not been done till now and now i have come to know that builder has already allotted parking space to several other flat owners.

Please suggest how should i go about this. Is there any legal course of action i can take.



Learning

 2 Replies

Advocate Rohit (Advocate)     13 October 2012

yes, you could send a legal notice to the builder asking for providing car parking allotment or else it shall be a criminal breach of trust, misrepresentation and cheating.

You need to send the legal notice through an Advocate only who could put your grievances in a proper manner.

The said legal notice could come handy, if you need to move to the court or before any forum.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

MRKGANDHI (Advocate)     15 October 2012

There is recently may be about a year or less a judgment from apex court that stilt area cannot sold by the builder and it becomes a common area. May be your builder is labouring under that difficulty. 


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