Specific Performance of Contract.
allurisivajiraju
(Querist) 07 March 2009
This query is : Resolved
Respected Seniors,
Mr. 'X' Purchased a flat from 'Y' who is a builder of a apartment. Total flat owners are 30. But there are only 17 car parking places available. But Mr 'Y' builder already collected Rs. 25,000-00 from all the 30 members towards car parking area.
While purchasing flats Mr. 'Y'issued a brocher which shows all the specifications to be provided to all flat owners. In the specifications clearly mentioned that all the flat owners are having car parking area.
Recently Mr. 'Y' provided car parking area to the 17 flat owners in the absence of 13 members including Mr. 'X'.
Then the said 13 members questioned Mr. 'Y' about car parking area. Mr. 'Y' replied that i will provide car parking area by constructing a shed in the road side margin which was adjacent to the apartment. But the said proposal was opposed by the 17 members who are already obtained car parking area. In fact it is very difficult to live in the said flat with car arking area.
In the above circumstances what is the remedy to Mr. 'X'. whether he approach civil court for specific performance of contranct or he approch consumer court for obtaining damages for his mental strain.
Thanking you in advance.
M. PIRAVI PERUMAL
(Expert) 08 March 2009
Yes you can approach the Civil Court but it consumes lot of time. It is better to approach the District Consumer Disputes Redressal Forum, for speedy remedy.
A. A. JOSE
(Expert) 09 March 2009
Yes Mr.Perumal is right and I too endorse.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 09 March 2009
