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Sale of open car parking

(Querist) 07 May 2014 This query is : Resolved 
I had purchased a flat in Gurgaon in the year 2011. I was charged an amount of Rs. 3 lakhs for a reserved open car parking. I was not aware of Hon'ble Supreme Court Judgement on this issue at that time. When I came to know about this Judgement, I asked the builder to refund my amount. The builder is stating that I had paid the amount of open car parking knowing fully well that there is no undergound car parking and I would be allotteed an open car parking space. There is no question of refund of the car parking amount.

Please advise me what action I can take against the builder
Lawyer SALEEMA KABEER (Expert) 07 May 2014
If you are able to prove that the amount was paid only for the car parking area, in consequences of the Hon'ble Supreme Court Judgment, you can recover the said amount from the builder by initiating legal proceedings.
Sankaranarayanan (Expert) 07 May 2014
I too agree my learned friend Sri Kabeer,s suggestion and act accordingly
Rajendra K Goyal (Expert) 07 May 2014
Agree with the expert.
T. Kalaiselvan, Advocate (Expert) 09 May 2014
I too agree with the expert's opinion, for reluctant and greedy builder, a legal action will teach him proper lesson, follow it up with the help of an advocate.


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