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What to do default in service by the complex owner


16-Jun-2023 (In Consumer Court Law)
We bought a flat in 2013 with a condition that we will have one parking space alotted.the owner agreed and also charged 1lakh for parking.at the time of registration we came to know that parking space is not included in our documents and it is included in other apartments papers which he was selling to another party.when we asked him he said he will register parking space on both parties names and we can share it.since then we have been parking our car in that space.he didn't register the parking space on our nametill date.now and then the other people in complex are creating problem for us by asking to remove my car from there.in my registered documents I have a clause saying that I can use any common areas like free parking lot available as a owner of a flat in the complex.others are not letting me park my car.do I have any right to park in the building or not.plz do advice me in this regard.
Answers (3)

Answer #1
712 votes
Dear,

First of all, issue a Legal Notice to the seller demanding him to register the parking space on your name as agreed by him earlier and in the meanwhile continue to park your car in the common area as per the clause in the sale deed. If other flat owners object to this, show the documents to them. If the seller does not allot you car spacing and register car spacing on your name, you can proceed further to take legal action. If you are a part of a residential society, approach the registrar of societies and file a complaint there. However, if the owner is a builder having an office, approach consumer forum of jurisdiction and file a complaint against the seller (builder). Hope this helps.
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Answer #2
774 votes
firstly, you the right to use free parking lot, however, it is not owned by you and further it is advisable to issue legal notice to the owner and make sure that the parking lot is included in the sale deed.
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Answer #3
590 votes
Now a days builders are doing fraud in this way but when buying and registering flat or any asset that is our responsibility check the document before going forward, here the thing if you go for any alternate the builder may say i have sold only flat to him not any other it may happen based on agreement between both the parties, but you should have get the part of land including with flat registered, now the issue between you and your flat association. with their cooperation you have to take step forward.
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