Upgrad LLM

reserved parking sold by builder, but its inadequate to park


Hi,

I bought my flat in Pune around Dec. 2009 of 753 sqft. While buying builder has charged Rs. 1,00,000/- for reserved parking space.

Now when I am trying to buy car, it is found that parking is inadequate to fit the car in parking. So I am thinking to file case against builder, to refund me parking money, as I have heard that builder cannot sell parking space to purchaser.

The parking I have, is same nothing to me at this moment due to lack of space to park and unpark the car.

My question is, am I able to file case against Builder for selling reserved parking space and can ask refund???

 
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FIN

If space sold to you is less than desdcribed to you and if no amount can be charged for space as per rules then you can proceed. 

 
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Yes

space is sold by him and it is marked in my agreement, I have cost sheet and calculations made by builder at that time. Bifurcation was as below:

753sqft * 2500 = 18,82,500
MSEB               =   45000
Parking                 100000
Sink fund                   15500
Total                     2042500
2% stamp duty    40550
1% registration     20425
Legal charges        50000

 
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FIN

Visit a very able counsel specializing in consumer matters.

 
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I have one query here regarding the transactions done. Whatever details I shared earlier, was from the cost sheet which was given by builder. Builder has written calculations of the same on same cost sheet.

I have all receipts for booking and agreement. Rest all amount  are given to builder through bank loan.

Does cost sheet and hand written calculations are sufficient as a proof in court? Cost sheet clearly mentions charges 1,00,000 against Reserved parking.

Please let me know, if require any further information.

 
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