Apni Law Staff asked 3 months ago
Our apartment building has nine flats – three on the ground floor, four on the first floor, and two on the second. The builder’s plans show only four covered car parking spaces, which were included in the agreement. He promised to allocate parking on a first-come, first-served basis after registration, as there are fewer parking spaces than flats. However, he didn’t follow through, and allotted a fifth parking space that wasn’t in the original drawings.
Best Answer
Apni Law Staff answered 3 months ago
The builder’s promise to allocate parking on a first-come, first-served basis is unenforceable under Indian law, as it is discriminatory and lacks a transparent system. Moreover, allocating a fifth parking space not shown in the original drawings requires the consent of all flat owners and may require amendments to the building plans, which the builder should facilitate.
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