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Author Topic: Car Parking Not Allotted by Builder in Noida  (Read 209 times)

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Offline nitin4udel

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Car Parking Not Allotted by Builder in Noida
« on: October 13, 2018, 07:15:17 AM »
Hello experts,

I'm facing open car parking allotment issue with my builder in Noida. Please note the following

1) Open car parking is indicated as "Included" in the Application Form / Booking Form filled by Investors Clinic. I booked the property through Investors Clinic (IC). Builder is now saying IC made false promises and the builder can't be held responsible
2) Builder Buyer agreement doesn't have a mention of car parking. It is not even mentioned in the break up of prices. One clause says this - The allottee agrees that the reserved covered/open parking space(s) allotted to him/her for exclusive use shall be understood to be together with the said Unit and the same shall not have independent legal entity detached from the said Unit. The Allottee undertakes not to sell / transfer/ deal with the reserved covered/open parking space independent of the said unit. The Allottee undertakes to park his/her vehicle in the parking space allotted to him/her and not anywhere else in the said land. The Allottee agrees that all such reserved car parking spaces allotted to the occupants of the said Project shall not form part of the common areas and facilities of the said unit. But, I guess this is a standard clause for the builder

3) Property is now registered (with no mention of car parking) with Noida Authority

The builder is not even issuing Car Parking Stickers and at times, threatened the tenant ( I have rented out the flat) to get the stickers. I can't get the stickers because as per builder I don't have car parking. The builder now threatens to not to allow the tenant's car into society premises.

I spoke to the builder and he mentioned that no open car parking space is now available and hence, we can't give you open parking space. There are only 200 families staying there, but has around 800 flats. I think the builder is playing games. He offered me to take covered car parking, which I denied as it was very expensive

My question to experts:

1) Should I file a case against the builder? (On the basis of Application form, which mentions car parking; Builder says it is not a legal document and I will lose the case on first hearing). Can anyone please also tell me what are the chances of winning the case.

2) Where should I file the case - Consumer Forum or an Injunction Suit in Civil Court, Noida. One of the residents told me to go for the Civil Court. I'm not sure about his advice as he is no legal expert

3)Can you please share your contact details, so that I can contact, if required.

Offline kalaskarkk

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Re: Car Parking Not Allotted by Builder in Noida
« Reply #1 on: October 28, 2018, 05:46:25 AM »
Dear Sir,
My answers are as follows:

1) Should I file a case against the builder?

Ans: You can get issue legal notice to each of the responsible person. As everybody’s commonsense an apartment will always goes with car parking. It is basic necessity  and duty of the builder to provide the same without which an apartment cannot be sold.

2) Where should I file the case - Consumer Forum or an Injunction Suit in Civil Court, Noida. One of the residents told me to go for the Civil Court. I'm not sure about his advice as he is no legal expert.
Ans: You can exercise multiple options and bring multiple litigations so that the builder comes to terms.
« Last Edit: October 29, 2018, 09:52:20 PM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline advjaibansal

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Re: Car Parking Not Allotted by Builder in Noida
« Reply #2 on: October 29, 2018, 07:30:58 AM »
Dear Sir,

Please issue legal notice for compliance within one week then immediately file consumer court case in Noida Consumer Court against the builder. If possible join more people with you or else you can file alone.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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