Legal Question in Real Estate Law in India

Dear Sir,

A Memorandum of agreement was made on 12/12/2010 on purchasing a flat with the builder. The apartment consists of 9 no�s of flats (Three no�s at Ground floor, 4 no�s at First floor and 2 no�s at 2nd floor) with only 4 no�s of covered car parking shown in the drawings which is given by the builder along with the agreement. I was asked to allot me a for separate car parking while entering into the agreement itself. The builder told that car parking will be allotted after the property registration in the view of �first come first serve basis� as no of car parking is lesser than the no. of flats. So, about car parking it�s not mentioned in the agreement made. Later stage it�s also understand that builder obtained approvals from the competitive approving authority (CMDA) for 6 no�s dwelling units only but the builder constructed 9 no�s of dwelling units which is a deviation as per approvals. The builder handed over the flat in the month of Feb/Mar-2013 and said that as I am very much late comparing with others in the property registration so individual car park allotment is not possible to me and allotted a space which is not shown as car parking in the original drawing ( 5th car Park space). The builder collected about 1 lakh rupees for this allotment and said that the space available is well suit for a car and also informed that he conveyed this information other owners as he created a new car park space. But actually others started creating problems indirectly.

Later on, I applied for an EC to get know about the sequence of property purchasing�s made and I surprised that I am the one who purchased the flat first. So, immediately asked the builder about this and demanded for a separate car parking space, till now he is not replied. Present allotment is very difficult to put a car due less space and two wheelers which are being parked adjacent to my car making scratches in the car too..

Please advise me how I can come out this, I am badly need to have a separate car park

Thanks�.

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