In December 2011, I had entered into a builder’s agreement for a flat in a high-rise complex wherein Rs. 2.5 lakh was levied as an additional payment for providing a second demarcated car park exclusively for my flat (in addition to another covered car park for which also Rs. 2.5 lakh was charged). On January 31, 2012 I sent a communication to the builder quoting a Supreme Court judgement stating that the open car park cannot be sold again separately as it is part of the undivided share of land already registered in the name of the apartment buyers and asking for a refund.
Though 19 months have passed since the due date, the apartment complex is still not ready. There has been no reply from the builder to my innumerable mails on this topic.
How do I proceed?
Chennai
Your issue seem to be two-fold. One is delay in delivery and the other is whether the builder is entitled to charge for allotment of car parking space. Car parking space cannot be sold by the builder as per the order passed by the Supreme Court. On the aspect of delay in delivery of the apartment, the relevant clauses in the construction agreement have to be looked into and your remedy has to be worked out accordingly. If the builder is a member of CREDAI, you can opt for their dispute resolution process which will be speedy and cost effective. Otherwise, you can approach the Consumer Redressal Forum having jurisdiction over the matter.
