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Car parking dispite - apartment

This is a discussion on Car parking dispite - apartment within the Judgments forums, part of the General Discussions category; I booked a flat in an apartment when it was in the drawing stage. The flat was to be 1250 ...

  1. #1
    ushodaya401 is offline Junior Member
    Join Date
    Jul 2010
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    1

    Default Car parking dispite - apartment

    I booked a flat in an apartment when it was in the drawing stage. The flat was to be 1250 Sq Ft at fourth floor in a 25 flats apts. There was to be 15 two BHKS and 10 Three BHKS . 2BHKS measured less than 900 sq ft. As per agreement each flat was to be provided with ample car as well as scooter parking spaces at the basement and included in the sale deed. It was Dec 2000.
    A loan was taken from HDFC under arr of the builder smoothly for 6.5 lacs and an amount Rs 1 lac was given to the builder in the month of Dec 2000 as an advance . The building construction was delayed for which A Rs 40000 was withheld from the builder for more than 8 months for which i was made to pay an additional PRE-EMI of Rs 88000/-
    I took over the flat in Sep 2002 . There was ample spaces for car parking in the basement . No specific marking was then made by the builder and i was not in station being on active service . The builder assured me of allotment of ample car parking space as soon as the building is handed over to the Flat owners society which was then yet to be formed officially as only four owners members were residing in that apartment.
    I left the key with my brother-in-law who was residing in this station & instrumental in getting the flat for me . The issue of allotment of car parking as per seniority and floor place was left to my BIL. Unforntunately my BIL died prematurely of a cardiac arrest in between . On my permt posting to this station ( my last leg posting ) in Dec 2007 i shifted to my own flat only to be confronted with the smallest most inconvenient car parking marked against my flat no 401 . Size of the other car parks especially for 2 BHK owners are ranged from 120 to 145 Sq ft. Car park supposedly earmarked for my flat measures only 70 sq ft and it needs real herculian efforts for me even ( with more than 30 years of driving experience ) to park a Maruti 800 car to park there. I met the president by default ( as no eletion took place since then ) to revise allotment as per the floor space he declined . The executive committee asked me to meet the builder as he had alloted the car parks .
    I met the builder who promised to get my alotment problem sorted out but did not do anything. There were only 5 owner members residing in that apts . Rests were either vacant or rented to IT bachelors . There was no scarcity of car parking space and i kept my car in the vacant space supposedly alloted to Flat No 304 , the owner stated to be in Dubai.
    I retired in Jan 2009 and my trouble started as i found one day car space for F no 304 occupied by two two wheelers one each of the Vice president and other belonging to the secretary of the apts committee.
    Per force i kept my car in the immidiate vacant space supposedly alloted to F no 304 belonging to the Secretary by default as his wife is the flat owner. A few days later i was informed that a cr case had been lodged against me and i stand arrested by an sub inspector of police from the local police station. In fact the police came to my flat in the early hrs of the morning and stood at the door keeping it azar inconveniencing my entire family. I was asked to be prepared hurriedly . I was taken to the police station by the police jeep and kept waiting without even a glass of water till was then taken to the court by a police in civil dress in his motorcycle .
    I was released on bail on a security of Rs 5000/- without knowing anything about the charges against me .
    The court has called me since then 7 times to give me another date . Last was on 27/5/10 .Incidentally the date then given by the judge who was predetermined to be on summer vacation on 27/5. Mr Court clerk thencalled us in and extended the date to 11/ 8/2010. I am yet to be handed over any document incl charsheet by the police or the court as on date.
    I like to lodge a complaint againt the builder for denying me allotment order in black and white as on date resulting into such extreme mental harassment to a retd army officer and a legitimate owner of a 3 BHK flat in a 25 Flat Apts .
    Pl advice how to lodge the complaint.

  2. #2
    Raviprakash is offline Senior Member
    Join Date
    Jan 2010
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    131

    Default

    I suppose you must meet your Lawyer at once and sort it out completely lest you will be put to a lot more trouble, honestly.

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