Car park allotted to person not having car

Ria (Querist) 04 May 2014 This query is : Resolved
Respected Experts,

I reside in a flat in Bangalore and is entitled to a covered car park as per agreement.

I own a car but not allotted a car park. Another person who does not own a car has been allotted a car park.

However I have parked my car in that space allotted to the other person who does not have a car.

Now he is trying to block me from parking the car. As he wants to rent it out to others and asks me to park my car on the public road.

Please advice.

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Uday Kumar (Expert) 04 May 2014
Hello Ria,

Check your agreement, send a request as well as demand letter to the Builder and then approach to the Consumer forum on account of deficiency in services and harassment.

Regards
advudaykumar@gmail.com

Guest (Expert) 04 May 2014
For the particular Car Parking you were not the allottee you have no right over others car park.It is the owners or allottee's wish to rent it out or use it him self.Sorry to say whether he owns a car or not should not be your worry. You should try to settle the grievance with Builder or Society and not with your neighbour who is the allottee.

Rajendra K Goyal (Expert) 04 May 2014
You have no right to park your car at a place allotted to other person without his consent. Take up with the builder / society.

Guest (Expert) 04 May 2014
Since you said the person is trying to rent it out though you would not succeed in final case you could obtain a interim stay in court and continue parking the car and mean while try to sort it out with builders

ajay sethi (Expert) 04 May 2014
builder has no powers to sell car parking slots . make an application to society for allotment of car parking slots . as per model bye laws if there are morre flat owners than slot allotment shall be done by drawing of lots

Raj Kumar Makkad (Expert) 05 May 2014
Parking slots cannot be sold by builder or society rather those can be got allotted by society as per convenience so you need not to worry and are require to make representation accordingly.

Lawyer SALEEMA KABEER (Expert) 07 May 2014
The stilt parking spaces cannot be put on sale by the developer as he ceases to have any title on the same as soon as the occupation certificate is issued and it becomes the property of the society on its registration. The stilt parking spaces cannot be termed as `open/covered garages' for sale of covered/open garage in addition to the flat.

It is immaterial if the purchase agreement does not include stilt car parking spaces in the common area of amenities. The stilt car parking spaces is part of the common amenities and it cannot be treated to be a separate premises/garage which could be sold by the developer to any of the members of the society or an outsider.

T. Kalaiselvan, Advocate (Expert) 07 May 2014
I agree with the opinions made by experts Mr. Ajay Sethi, Mr. Makkad and Advocate Saleema Kabeer on this issue. Thus as suggested you may make an application to the president of your association to allot a parking slot to park your car, instead parking your car on a slot allotted to somebody is illegal.

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