Deliberately showing bigger parking space in a housing society in Kolkata
4 months ago
There is a sale deed between the promoter with power of attorney to sell and a buyer in a housing society. In the said deed the size of parking space, as a solitary case out of 83 buyers, the parking space is mentioned as 200 sft while in all other sale deeds such space was 100 sft/flat. This actually amounts to selling of 100sft of common area belonging to the society by mutual agreement without informing the society
A.Dear Client,
In the given situation, to resolve the issue related to parking space, you can follow the steps suggested hereunder. 1) If the housing project is a registered project of RERA, then file a complaint before the authority against the Builder 2) If the society is registered under the Cooperative Society Act, then file a complaing before the Registrar or Dy.Registrar appointed under the Cooperative Societies Act, 3) finally, you can file a complaint against the Builder and the Society over alleged deficiency in service and unfair trade practice before the Dist. Consumer Commission u/s.35 of the Consumer Protection Act, claiming compensation for harassment. Complaint should be filed within 2 years from the date of cause of action i.e, the dispute brought to the notice of concerned person/authority.
In the given situation, to resolve the issue related to parking space, you can follow the steps suggested hereunder. 1) If the housing project is a registered project of RERA, then file a complaint before the authority against the Builder 2) If the society is registered under the Cooperative Society Act, then file a complaing before the Registrar or Dy.Registrar appointed under the Cooperative Societies Act, 3) finally, you can file a complaint against the Builder and the Society over alleged deficiency in service and unfair trade practice before the Dist. Consumer Commission u/s.35 of the Consumer Protection Act, claiming compensation for harassment. Complaint should be filed within 2 years from the date of cause of action i.e, the dispute brought to the notice of concerned person/authority.
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A.Dear Client,
In a situation where a discrepancy exists in the size of the parking space mentioned in one sale deed compared to others in the same housing society, it's important to address this matter promptly. Begin by examining the terms of the sale deed in question, paying close attention to any clauses related to common areas and parking spaces. If the document indeed indicates the sale of a larger parking space without the proper consent of the housing society, it may be a violation of common area rights. Initiate communication with the housing society's management, highlighting the discrepancy and expressing your concerns. Consult with a legal professional to understand the legal implications and potential remedies. It might be necessary to involve the society in discussions and seek a resolution that ensures fair treatment for all members while upholding the principles of transparency and proper documentation.
Thankyou
In a situation where a discrepancy exists in the size of the parking space mentioned in one sale deed compared to others in the same housing society, it's important to address this matter promptly. Begin by examining the terms of the sale deed in question, paying close attention to any clauses related to common areas and parking spaces. If the document indeed indicates the sale of a larger parking space without the proper consent of the housing society, it may be a violation of common area rights. Initiate communication with the housing society's management, highlighting the discrepancy and expressing your concerns. Consult with a legal professional to understand the legal implications and potential remedies. It might be necessary to involve the society in discussions and seek a resolution that ensures fair treatment for all members while upholding the principles of transparency and proper documentation.
Thankyou
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