Parking issue

You can give complaint to the registrar of apartment societies in writing. He enquire with the matter. 

Yes, the builder is wrong. You may approach the Court.

Sir, If the society is registered then the Managing Committee of the society ONLY has the right to allot parking space to members, the builder has no right to sale or allot parking space. Good luck, Kishor Meh ta

Is the society a co operative housing society>? If yes then the dispute shall be referred to the registrar as per the Maharashtera Co Op societies act. If not then approach thew civil court through a strong injunction suit.

The sale of the parking space is absolutely illegal.

Augustine Chatterjee

Advocate & Solicitor at Law

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In Maharashtra it is mandatory for the builder to form a co-operative society or some other type of society once a certain number of flats have been sold with the purchasers as members and the builder as member for the unsold flats. Once such a society has been formed all common area outside of flats including parking areas will belong to the society and not to the builder. Under the Development Control Rules (DCR)  the builder has to mandatorily provide parking lots depending on the number and areas of the flats. He has also to provide a certain percentage of additional parking lots for visitors. He has also to mark the parking lots. He can sell only if there are additional parking lots. Generally builders flout DCR. Hence if he has already sold any parking lots that will be void ab initio. There is also a Supreme Court judgment in this regard. The case was in Mumbai only. I can give you the reference. You can go to consumer court in this regard against the builder and others who have purchased parking lots.

Dear Honourable Member,

Thanks for your valuable suggestion. As per your suggestion, I had decided to file a case against builder in consumer court.

As per process I have sent a letter to builder by registered post as well as by email of my concern and asked him for reply within 30 days. He didn’t reply back to me, but he called me at his office.

            He told me that nothing going to happen with this court case.

 I will never able to proof that he has taken money for parking. He has taken money in cash and didn’t provide any receipt to any member. He had just allotted the parking slot on first come first serve basis and he has right to do so.

Also this allotment will be continuing after society formation as most of society member is acutely investor. They will do exactly what the builder will say.

            He has suggested me not to waste my money and time on this and pay him amount for parking or keep parking my vehicle outside the building premises.

            I know he is trying to influence me, I need suggestion. Is I am able to proof in court that builder is doing wrong?

            What I can show in court to proof my point? I have just my agreement with me and in agreement nothing is mention about parking.

            I have talked to few member, who has purchase the parking from builder (few have purchase two or three parking and given on rent to other member or outsider) and they told me that builder has given them an allotment paper on 100 Rs stamp paper. Also builder has mark the parking space and write there flat number over there. They are absolute owner of the parking slot

Please help me.

Thanks

The fact that the builder did not give anything in writing but called you to his office itself shows that he is on a weak wicket. If he has collected only cash without record from others, that is the head ache of those who have paid him cash. You can go to consumer court. You have not given how many flats are there, how many parking lots are there and the most important whether a co-operative or other society of the flat owners have been formed. These are very important to proceed further.

If you want a fast disposal of your case you must be complete with all the information.

Sir,

Total flat in building is 167, parking around 130.

Society is not yet formed. Builder has taken 30 months advance maintains charge.

He will form society after 30 month (around In Jan 2018).

Thanks