1)file complaint against builder before consumer forum
2) seek orders to direct builder to rectify leakages
3) seek orders to allot car parking slot to you
3) seek litigation costs and compensation for mental torture undergone by you
Allotment of proper car parking place
We have purchased our Flat in year 2016 (Raghuvanahalli, Kanakpura-Bangalore) with primary condition of comfortable parking place after rejecting their other shown flats, where parking place was not confirmed. And, made sure that sales dead and registration has mentioning of proper parking place. Builders has another many ongoing and completed projects in Bangalore, but does not come in RERA. Right after registering the flat, we have been after builder to allot us the place, which he is escaping to do it properly. And, now we are staying with family and two kids. Sometimes, he is giving the place outside the apartment by making shelter, than after rejecting that, inside on sloppy area. Also, both tried parking place had very limited space in comparison to other flat owners. However, others who have purchased prior to me has good and spacious parking place. There is wall leaking problem as well, for which they are not at all listing right after purchasing till now. Following up with builders is very stressful and I met with twice accidents as dealing with them is causing mental harassment. Also, not able to focus on work properly due this continuous follow up with them since from last two years. Do not know what to do as I have spent for shifting my kids to the new area school and making interiors. How, I can get justice done to me.
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
you can give complaint under RERA
if any body purchases flat then accordingly he is entitled for parking if parking area is available, as in your case parking area is there therefore each of the residents have equal right to park their vehicle.
Firslty, Sir, as you may also have an idea about the ongoing RERA rules for th builder to comply with.
Secondly, but, the rules only safeguard the consumer from any hardship till the possession of the property.
Thirdly, you have two option, first is to approach the Consumer Forum of State which may take quite sometime to give you the justice.
Fourhtly, second is that you may file a suit for breach of contract in the Civil Court of Law, and ask for the present needed appreciable condition for the parking.
What is written in your agreement?
has builder charged you for a separate car park?
was the position of the car park to be allotted to you shown on any plan annexed to your agreement?
did you personally see any car park which the builder had promised to allot to you?
Dear,
Good and cheap way for this situation is first you give builder a notice for
all the problems and if after this he will not take any action than file consumer complaint against him.
IN your complaint seek every thing with mental, physical compensation.
Sir file a consumer complaint against the builder for deficiency in the services and the malpractices.
First give a legal notice to the builder for doing repair allotting proper parking space and further pay damages for the mental harassment.
if he doesn't do needful file a consumer court claiming damages for mental harassment repairs and parking space along with the legal fee.
After the RERA came into force no property can be sold without the registration in rera and in case you have any problem in on going projects at the time of rera come into force you can complaint in rera against the Builder
At the same time you have the opportunity to complaint in the district consumer forum or state consumer dispute redressal Commission if the value of the property is more than 20 lacs for the compensation for not providing proper services as per the apartment act no flat can be sold without a parking space
Dear Sir,
You can get issue a legal notice threatening to approach consumer court or civil court to bring a direction against him to mandatorily oblige your instructions. You have other options which can spell out only on seeing the terms and conditions stated in the sale deed etc.,.
You issue a legal notice to the builder demanding proper parking space to you as assured by him in the sale agreement.
Failing to comply with the demand made or refusing to allot parking space, you may drag him to consumer forum seeking relief and remedy for this.
1. File Consumer Court case for the Builders gross negligence & deficiencies, by providing documentary, photographic and witnesses proofs, and claim damages & compensation.
2. The above will force the Builder, to solve your mentioned problems. Some Criminal cases also can be filed on the Builder.
Keep Smiling .... Hemant Agarwal
Send a legal notice to the builder and thereafter file a case before the consumer forum for unfair trade practices and cheating, for not providing the amenities as provided in the brochure.
Regards
