I booked a flat in 2011 and possession date was the march,2013
but it gets delayed because of low-speed construction and I got
possession in march,2016 (i.e . 3 years late). At the time of
booking, they said they will provide stilt car parking, mention in
the brochure but not in agreement of sale. One thing is mention in
agreement of sell that "parking space will be considered as part
of flat allotted to the allottee and it shall not be transferred/sold
/lease to any one as a separate entity." When they offer me flat
possession I ask him to allowed parking space. They advise me,
choose the parking space from available one. Then, I made a
choice. They said presently painter is not available so we will
mark the flat number after some time. After some time, I came to
know that they allowed my parking space to someone else and
now they are saying that they will provide parking space in open
area near the flat and they will cover it from the top and not from
the side with some support attached to the flat wall. I doubt its
common area. I said to cover
it from two sides one side is the wall and leaves open from
behind because other cars may hit my car but they do not agree
to do this. I don't have written communication regarding flat
parking allotment and all above are oral communication. Can I
still claim stilt parking through court? One thing I want to mention
that, flats are more and stilt parking are less. Since
communication is oral so I think, it will not be possible to prove
that they have allotted on first come first serve basis. Also, they
cannot prove that they have allotted on first come first serve
basis because they have not any paper for the survey. I definitely
know that I have possession letter earlier from many of other
persons who has get stilt parking. It can be decided from the date
of possession letters. But all papers are with them and they don't
want to provide any paper. They are saying they have allocated
parking on first come first serve basis. One list they have
generated earlier, in this list they mention that they will provide
me covered parking but on this list, they have mentioned more
person name than available stilt parking space. They have not
provided that list also. They have not given compensation for the
delay period also. They mentioned they will charge 18% if I/or
bank delay the timeline payment and they will provide 3.5 Rs per
square ft. per months if they delay possession of the flat. One
person has filed the case against him for delay possession which
I came to know from the internet search. In this case, consumer
court directed the builder to pay compensation but builder file
case in upper court that we have offered flat possession to the
person on time but the person has taken possession very late.
Present status of that case is not known to me. I have one letter
submitted in the bank which shows time when they offer me flat
possession but to counter this situation I don't have option. One
thing I can do is that I can take project completion certificate
from municipal corporation thru RTI. Terms and condition of
compensation are not equal on both sides. In the overall
calculation, they should pay compensation to me with
considering two cases. Compensation is not the main concern
for me I don't want to go to court for compensation but I can go
to court for parking.
So in view of above please provide the following answer
1. Can I file a case for parking based on the brochure?
2. Is any possibility there to get stilt parking?
3. Should I take parking in open space?
4. Any separate allotment letter is required for parking allotted in
open space?
5. What should be mentioned to identify the location if they
provide open parking space to me?
6. Allocated parking space should also mention in the registry of flat?
7. They should pay around 2 lac to me as a late fee and based
on 18% interest I need to pay around 1 lac. Should I go for
compensation also?
