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Harrasement by builder

(Querist) 26 July 2013 This query is : Resolved 
We have been harassed by builder,can we do legal complaint against him,we some points for that which I can discuss
Regards
Devajyoti Barman (Expert) 26 July 2013
Harassment of what kind?
If it is of criminal nature then you can file criminal case.
if it is of civil nature then you can file case in the consumer forum.
prabhakar singh (Expert) 26 July 2013
can you open a bit more?
Vikas (Querist) 26 July 2013
Sir,

There are endless issues for harrasement by bulider ,pl give your expert opinion for filling case against builder if these points can be helpful. ,I have few points.



1.We were given assurance of double parking at the time of booking and it was written on Registration form of builder and also on simple paper for giving 2 parkings with stamp and sign by representative from builder.Now builder cheated us and did registration with one parking only.



2.Can builder allot parking number at his own will giving priority to his relatives without open draw.





3.My child sometimes has seizures and fit attack and we had asked parking near to our place ,can it be taken in legal action as a support.



4.What about Open parking,we have observed builder has sold all parking space ,even it was in our Super area,but when we asked for this open parking due to Fits of my child he just promised it and gave assurance on registration form also but later denied.Can he give open parking to persons who booked the flat after 2010,and persons who registered before 2010,the area was in our Super area sold.



5.What about parking facility related to Lift if not available in lower basements even though is available in upper basements.What about height of entrance in Lift area ,Minimum height etc.I have observed that it will be not possible to do parking in case of Cars having higher height.



6.How much space builder can give for shops and commercial space,i have listened builder has created more shops rather than he was approved.



Thanks in Advance,i m fed up now and want to take legal action.Pl help



Regards
Vikas (Querist) 26 July 2013
Sir,

There are endless issues for harrasement by bulider ,pl give your expert opinion for filling case against builder if these points can be helpful. ,I have few points.



1.We were given assurance of double parking at the time of booking and it was written on Registration form of builder and also on simple paper for giving 2 parkings with stamp and sign by representative from builder.Now builder cheated us and did registration with one parking only.



2.Can builder allot parking number at his own will giving priority to his relatives without open draw.





3.My child sometimes has seizures and fit attack and we had asked parking near to our place ,can it be taken in legal action as a support.



4.What about Open parking,we have observed builder has sold all parking space ,even it was in our Super area,but when we asked for this open parking due to Fits of my child he just promised it and gave assurance on registration form also but later denied.Can he give open parking to persons who booked the flat after 2010,and persons who registered before 2010,the area was in our Super area sold.



5.What about parking facility related to Lift if not available in lower basements even though is available in upper basements.What about height of entrance in Lift area ,Minimum height etc.I have observed that it will be not possible to do parking in case of Cars having higher height.



6.How much space builder can give for shops and commercial space,i have listened builder has created more shops rather than he was approved.



Thanks in Advance,i m fed up now and want to take legal action.Pl help



Regards
prabhakar singh (Expert) 26 July 2013
Get in touch of a local lawyer and file a consumer complaint after serving notice .
Vikas (Querist) 26 July 2013
Respcted Prabhakarji,
Sir thanks for same,it will be so kind if you can suggest can these points be supportive if I go for court caseds.
Regards
prabhakar singh (Expert) 26 July 2013
yes!would be my response.
ajay sethi (Expert) 26 July 2013
builder has no powers to sell open car parking slots .
Vikas (Querist) 26 July 2013
Hello Ajay Sethiji,
Thanks a lot for your reply on open parking status,can u tell what is there if open parking was sold before 2010 at time of booking and possession was given in 2012.And in cases where open parking was sold after 2010.
Thanks in Advance
Vikas (Querist) 26 July 2013
Hello Ajay Sethiji,
Thanks a lot for your reply on open parking status,can u tell what is there if open parking was sold before 2010 at time of booking and possession was given in 2012.And in cases where open parking was sold after 2010.
Thanks in Advance
ajay sethi (Expert) 26 July 2013
sale would be illegal by the builder as it forms part of common area .
Vikas (Querist) 26 July 2013
Thanks Mr Sethi for your valuble input.Actually some legal expertise told me if same is sold before 2010 that is allowed.In addition can you pl tell if builder has not given lift in lower basement and height to enter is not suffieceint that SUV Car can enter there.I shall be thankful.
Rajendra K Goyal (Expert) 26 July 2013
Consult your local lawyer with all the relative documents, copy of agreement etc. A consumer complaint can be filed.
Dr. Jyothi Vishwanath (Expert) 26 July 2013
Good case for claiming damages from the builder in consumer forum. File a case against the builder in consumer court.
Vikas (Querist) 27 July 2013
Dear All,
Thanks a lot to all for your reponse,it gave me some confidence due to continuous harrasement by builder,can anyone tell more clearly what about the flats where open parking was allotted before 2010 at the time of booking and possession was given in 2013.
Thanks a lot
Vikas (Querist) 27 July 2013
Can anyone tell me some Lawyer specific for this type of issues in Noida or nearby ,who is economical from expenses point of view and can go for fast results.
Thanks and regards
Nadeem Qureshi (Expert) 27 July 2013
Dear vikas
you can contact me personally with all relevant documents
Raj Kumar Makkad (Expert) 30 July 2013
Consumer complaint is the only remedy in the given case.
Vikas (Querist) 31 July 2013
Respected Mr Makkad,
Thanks for reply.As such after seeing all points do you think we have some chance because everything has its limit so we want to teach lesson to Bulider also.
Regards
Vikas (Querist) 31 July 2013
Respected Mr Makkad,
Thanks for reply.As such after seeing all points do you think we have some chance because everything has its limit so we want to teach lesson to Bulider also.
Regards
Vikas (Querist) 31 July 2013
Respected Mr Makkad,
Thanks for reply.As such after seeing all points do you think we have some chance because everything has its limit so we want to teach lesson to Bulider also.
Regards
Devajyoti Barman (Expert) 31 July 2013
Even after so many relies your query seems to be never ending.
What more do you need?
Go and get an advocate , all have adequately advised you.


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