Respected Law Community,
I bought an apartment from a company on May 2010. The company has bought the same directly from the builder on March 1993 and sparingly used it as their guest house for their employees. Among many documents handed over to me they have given one car parking diagram (signed by the builder and not registered) for my apartment.
That car parking slot ( 2 cars can be park ) is encroached by another person in the same building. He has swapped the number (car parking earmark) of his own (1 car can park) to the encroached ( 2 cars can park). When the company people asked about this before selling he reciprocated to take out his car.
The company has not informed anything to me, when they sold the apartment. I came to know this from the sketch and raised the issue to the association. Association does not consider this and also said that it is your individual issue and we cannot interfere in this ( The association is registered in "society act" ).
When I parked my car in the car parking assigned to me, the encroached person went to the police and the police and the association were helpped him and also forced me to remove my car.
He also went to the court and got the temp. injenction (for not interfering that car parking) and now he is asking for the permanent injection from the court. He is not having any sketch for the car parking for his apartment.
As the encroached person is staying there for long while ( from the date of construction), everybody in the building are supporting him.
Note : Builder is not helping me to resolve the issue. Currently I am parking my car in a single car parking (swaped person's one) earmarked by the association. ( Building basement is the car parking slot for that apartment )
Currently I cannot park my car as per the sketch (2 cars can park) that I have it.
Thanks,
Ramesh T