Suffering for my parking since 2005
Ashish Dube
(Querist) 08 April 2012
This query is : Resolved
Despiratally needed A SOLUTION/ SUGGETION .
I purchased a ownership flat in mumbai- goregaon in 2005, 800ft carpet area..as per rules builder cant sell parking space,so i dint purchase it a that time. i was the very first persone who booked and payed full amount to him.
laterlly i come to know that our socity has only 23 parking space inluding open and stilt aording to law 10% parking also made by builder hence total parking is 23 +2= 25. out of 25, 16 are slilt and 9 are open.builder has sold all the parking to members. our socity has 30 flats only.there is one flat owner who has 1 stilt and 1 open parking sold space. there r 4 members who has 2 cars and they are parking there cars in there single parking space.
i requested in all the AGM to provide me a parking space, The managing commity refuses saying the socity doesnt have any parking space.i requested many times to cancel all the parkings as it was sold illigally and allot them with and under bye laws. they refuses evry time.
Now its painfull 7 years, i do not have parking space.WAS MY FAULT THAT I FOLLOWED THE RULE BY GOVERMENT??
I never asked them in writing,i always requested them orally.
The builder has mentiond in the agreement that the open/stilt parking sold to the persone is leagally has right to sell it,and it is his personal property.
there are 5 tenents are living in socity and they are having parking too...
socity has clearly told me that whatever is the parking sold to member they have full rights now to them and we wont do any thing for my parking.
Plz can the EXPERTS can show me any path ,how i can get a single parking space in my own socity.is there any leagle way to fight with the same situation?
Raj Kumar Makkad
(Expert) 08 April 2012
You shall have to make a demand in writing to the society and shall have to obtain their refusal in writing and thereafter you should challenge the sale of the parking area by builder before the civil court. Limitation shall in your way but it can be got meted out by claimining that you have recently come to know about such sale when you agitated with the society to allot one space for you.
ajay sethi
(Expert) 08 April 2012
if builder has sold car parking slots then society can cancel the same . society can allot the said parking slots by drawing lots as number of flat owners are more than members .
no member can have more than one parking slot . if he has stilt car parking slot the society cannot allot open parking slot to such member .
issue legal notice to society . contact a local lawyer .
Ashish Dube
(Querist) 08 April 2012
Raj ji, and ajay ji...thank u so much for quick reply..can i send a leagle notice directly to them? as i never made a complaint in writing to socity.
what abut the agreement saying that the parking sold is of perticular buyers property and he can sell it in future too.
