Parking spaces for cars
Thyagarajan
(Querist) 05 September 2010
This query is : Resolved
In a recent ruling the Apex Court had held a builder bringing up a multi story building can not sell portion of common areas in ground floor either as a covered or open to sky car parking space for owners of the flats. In our building containing 178 flats, the builder had sold quite some of the portion of open/covered spaces around the building on first come first served basis to purchasers. It appears nothing prevents the owners to appeal to the builder to return the money paid quoting the order. Once they realize the money they forfeit the right to park the car in places reserved to them. The areas become property of the association of owners. Will the same apex court order come in way of the association collecting any charges from the owners of the flats if they park their cars in common areas? Whether the say in the matter for the association is curtailed to ensure cars are parked in open/ covered areas without hindrance to one another?
Devajyoti Barman
(Expert) 05 September 2010
Yes I have gone through this decision. It will be really helpful for the hundreds of cheated purchasers to get relief.
Kiran Kumar
(Expert) 05 September 2010
Mr. Barman can u pls give that citation, we are really facing this issue here in periphery of Chandigarh. A lot of builders are cheating buyers. An amount ranging from Rs.1 Lac to 5 Lac is being charged for parking purpose.
Thyagarajan
(Querist) 05 September 2010
Dear Barman,
I am thankful to yr prompt answer.
Advice whether your affirmation confirms the role of Association as well?
Thyagarajan
(Querist) 05 September 2010
Dear Kiran Kumar,
I am giving the Apex Court case referance below. It is
CIVIL APPEAL NO. 2544 OF 2010
Regards,
After reading can you give your opinion on the role of association on this matter?
Kiran Kumar
(Expert) 06 September 2010
http://judis.nic.in/supremecourt/imgs.aspx
above is the link to the said judgment, we will discuss the same after I go through the same.
Thyagarajan
(Querist) 06 September 2010
Dear members,
I had started the query only after going through the judgment. The case was between the builder and the association/societies on rights on open spaces in multi storied buildings and the Apex court has ruled that the builder has no right to sell or attach a portion of the open spaces to a flat. Thus the open spaces become property of the Association. While the Apex Court has ruled out no monitory gain can be had from using the open spaces, definitely if the association /societies rent out or charge the open spaces it will come down heavily on them.
However I feel it will be good if a PIL is lodged in a High Court and confirmation of my derivation from the Apex court ruling on the modality of handling the open spaces by Association/ societies is got. Being owner of a flat and a parking space the rules bar me from making a PIL.
Can any member (in lawyers club) of legal fraternity volunteer to make the PIL for the good of the society?
