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Lack of Disclosure of Car parking allotment
21-Sep-2023 (In Property Law)
Hi, I purchased a ready-to-move-in flat. I was told that parking for unoccupied flats would be allotted based on our preference from the remaining available parking lots & it will be done during handover. Agreement only has a covered car parking @ 1.56 lakhs. At the time of handover I was given the worst parking lot and was told that it was allotted 1 year back based on lottery. If the allotment was done prior to my agreement date, is the builder bound to disclose the allotment information in the agreement and sale deed or at the least inform me? I think as a customer I was denied the right to make an informed decision about buying the flat after knowing everything that was known to the builder at that point. I have email evidence of me inquiring about the allotment many times. I am contemplating going to consumer court but want to know whether there is any chance to win knowing that the builder is a reputed one with a battery of advocates. Please advise.
Deficiency of service is one of the aspects involved here. Having a"battery of lawyers" does not provide a preferential treatments to the Builder. Cases are won or lost based on it's on merits and demerits. Also, the situation depends on the kind of Judges in front of you.
Now, considering you have paid a hefty sum of Rs. 1.56 Lakhs for allotment of a Parking Lot, I will have to peruse through your documents to understand the procedure of allotment. However, every allottee must be informed about the allotment day. In your case, the basic necessity to inform about the allotments were not carried out by the Builder i.e. clear cut cheating and goes to show ill intentions of the Builder to show preferential treatment to some other customers in your notable absence.
Apart from this, one can approach the newly formed Real Estate Regulatory Authority by filing a Complaint and seek for monetary compensation.
Now, considering you have paid a hefty sum of Rs. 1.56 Lakhs for allotment of a Parking Lot, I will have to peruse through your documents to understand the procedure of allotment. However, every allottee must be informed about the allotment day. In your case, the basic necessity to inform about the allotments were not carried out by the Builder i.e. clear cut cheating and goes to show ill intentions of the Builder to show preferential treatment to some other customers in your notable absence.
Apart from this, one can approach the newly formed Real Estate Regulatory Authority by filing a Complaint and seek for monetary compensation.
Helpful?
1.The allotment is prior to the agreement. You said that the car parking is worst. Therefore the merit of your matter is your favor. There is possibility to file a suit in consumer forum. If it is only lease agreement the possibility to file in consumer court. If it is sale deed the matter must file in Civil court.
Helpful?
Adv. Gururaj Gopal Rao
Gulbarga | 25+ Answers
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