Car parking issue in co-operative housing society
Ramesh Singh
(Querist) 08 October 2017
This query is : Resolved
I reside in a cooperative society in which around 84 flats are there. The builder has sold one car parking to each flat, some of the flat owners have purchased 2/3 car parkings by paying extras.
The car parking layout differs from the one which is approved by the CIDCO management. While handing over the society the builder has marked parking not as per the approved CIDCO plan. This way he has created some extra parkings and the car manoeuvring pathway is made narrow.
My question is can builder is authorized to make changes in the approved plan of CIDCO. Our society is registered society and we have received occupancy certificate also. But taking over the society from the builder is in process. After initially handing over the society to the members he keeps on selling the extra free space of car parking.
Please clarify it.
Ramesh Singh
(Querist) 08 October 2017
In this case, what should we do if the builder is wrong and doing illegal allotment of car parking?
Kishor Mehta
(Expert) 08 October 2017
There are specific car parking Bye-laws in Maharashtra, and very specific judgements of the Hon. Supreme Court that builder can neither sale or allott open or stilt parking spaces.
Guest
(Expert) 09 October 2017
@Rajendra K Goyal,
No difference whether you agree or not with any proposal or advice of someone not related to you, as legally, no cognizance can be given to a statement of an infant of 2 years of age, as you seem to be, whether you agree or not with the advice of some expert to the author of the problem.
Guest
(Expert) 10 October 2017
@Shri Kishor Mehta,
Sorry to point out, there is a difference between information and a practical solution. In my opinion, no practical solution has so far been provided to the querist. Nothing can be done with the information about some Supreme Court judgment in any different case, other than the case of the members of the society in question. Any such judgment is beyond the powers of an individual member of the society, except by obtaining specific order of the court by him on similar grounds, more particularly only if the member is personally affected by the acts of the builder.
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Guest
(Expert) 10 October 2017
Mr. Ramesh Singh,
Mr. Jigyasu is right in his observation. Except by filing a PIL in the HC or complaining to the CIDCO, you cannot do anything against the builder, unless you have been affected in your individual capacity by any act of the builder. However, the duly constituted co-op society would be competent to take any legal action against the builder, if he does not hand over the premises as per the approved plan. Further, even if some flat owners have purchased more than one parking lot by paying money against the provisions of law, the management of the society will be fully competent to re-allocate the parking space to the eligible society members, as per the provisions of the state's Act on housing societies.
