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Aashish George (lawyer)     18 September 2011

Builder harrasment

hey!

i had  a question for my fellow lawyers. my parents had bought a flat in tughlakabad extn, new delhi 110019 a few years back and now we have moved in. the problem is that the builder sold us a parking space for 25000/- in the basement. the problem is that the basement has been poorly constructed and our car cannot go in. at the time of buying it we were assured that the car will go in smoothly as the work was in progress. now that we see our car barely manage (even barely is too little to explain almost a pin of a difference) to go in. so we decided to park in the gali were all the resident are parking there respective cars aggreived of this poorly constructed basement. the builder is a local gunda and dominates the residents as his office is right next to our building.

the residents are scared of him as he knows a few local politicians and police officers often have dinner with him. he along with his relative come to there respective gali where there office is located and park there car in the gali and get furious at the residents for parking there care infront of the building in which the resident stay. he expects us to make room for his cars whenever he come and we should park out side on the main road. he then stays late at night in the office with his goons and only after that the residents are allowed to park there respective cars.

my questions are :

1) is it possible to take action against the builder and make him fix the basement so that we can park our cars inside peacefully. please site any judgements and sections that i can use to get speedy justice

2) is it possible to make them stop parking there car infront of our residential area, so tht we can use that space until the basement is fixed.

3) what is the course of action if all the residents are too afraid or are unwilling to support me in this quest? will i be able to get justice?

4) kindly give me any suggestions in this regard so that i can park my car without being bothered, or threatened my neighbours and there wives or the gunda builder? (one of my neighbours wife was a very hot headed women and was fighting with me for parking space, even though i was willing to make the necessary changes)

kindly help me! its of utmost urgency!

thanking you

aashish george



Learning

 2 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     19 September 2011

I think it is a befitting case of deficiency in service by the builder in as much as he has not constructed a quality parking place which is sold for a sum consideration and he can be forced through order  of Consumer Court to rectify the deficiency and also a compensation can be claimed for mental stress and harassment. Under the influence of this case the Builder can come under pressure and cooperation for parking may follow.

Aashish George (lawyer)     20 September 2011

thanks for your suggestion but this guy (builder) is crazy. he is also an gunda element i fear that he may do something rash to take revenge. not only that i wont have the support of the building people. and is there any judgement on the definition and usage of gali. as per my thinking gali is a common way and can be used by anyone anyway.


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