Car Parking issue
2 years ago
I purchased new 1 BHK flat in 2016 with open Car parking from builder . My car parking was similar in size like other open car parking (16 feet length*5 feet width) however there was addition space of 3 feet after my parking space, which was vacant till May -2021,month end. Post that there is wall of used water filter plant. Now builder has built DISEL Generator plant concrete base which using 3 feet vacant land along with 2 feet of my parking space. When I asked to him that you are using my parking space he said , you already have the space of 96 squar foot even after he use my 2 feet . He is now majoring my parking as 14 feet in length and 7 feet as width.He is now using tree plantation space of 2 feet addition in width to cover my 96 square feet area. Now after 5 years he is doing this and he said it was in the plan but while selling this parking space he never told me that my parking space area would be affected in future by DG set installation. In sale agreement he just mention 9.24 Square Meter as parking space but he did not mention dimensions. Please suggest how can I fight with this and get justice.
You have many merits in your contention.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
but there is a problem that builders can not sell parking but can allot (even after taking money for selling).
so there wont be any mention of any price for parking space separately.
So there is no money loss to you even when you got less parking space.
you can ask builder to show if DG set was planned at that place and it was there in your documents also.
If not then you have valid case.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
रेस्पोंस जरुर करे
Since you are getting less parking space, then as agreed under the agreement, you can file a case against the builder for deficiency in service in a consumer court, alternatively you can approach a civil court for breach of contractual terms, and get the appropriate relief along with compensation.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
As per the sale agreement, you were entitle to get 9.24 sq. m. of parking space, but you are getting 9.1 sq. m. of space (14 feet*7 feet), this amounts to deficiency in service and violation of contractual terms. You can approach the consumer forum or a civil court to get the appropriate remedy.
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