Car parking in apartment building
Guest
(Querist) 08 January 2012
This query is : Resolved
If a builder-promoter get the permission for 20 Flats in an apartment building with 9 car parking officially earmarked in the sanctioned building plan, build 25 flats and allot 24 flat owners car parking slot supposedly following seniority of booking of the flats- Has he committed a criminal offence or civil offence?
In the second case if altercation occurs between 25th flat owner and the Owners' Welfare Society on the issue of car parking resulting into submission of a complaint by the office bearers of the owners society and the 25th flat owner who is not alloted any car parking resulting into booking of 25th flat owner under Sec 341 & 506 has the Builder be charged for any criminal offence?
Experts please?
Anirudh
(Expert) 08 January 2012
Please specify, what is your status here.
Are you the builder in question.
Are you the owner of the 25th flat.
Are you an office-bearer of the Society.
V R SHROFF
(Expert) 08 January 2012
Shri Hiralal,
First give details: is society registered, and builder handed over the management of flats to managing committee?
WHO IS AGGRIVED??
YOU GET YOUR REPLY YOURSELF, ONCE YOU LOOK INTO IT.
Guest
(Querist) 08 January 2012
Yes society was registered by the Registrar of the societies AP. Builder had handed over the management but society claims that as the car park was not allotted to that 25th Flat owner. 25th Flat owner is the aggrieved as well as the accused in a case of law.
Anirudh
(Expert) 08 January 2012
Why don't you answer straight.
Who are you in this whole matter? The office bearer of the Soeicty, or the builder or the owner of 25th flat?
ajay sethi
(Expert) 08 January 2012
1) builder has committed civil and criminal offence . plans were sanctioned for 20 flats . builder has constructed 25 . the 5 flats are unauthorised .
2)similarly against 9 car parking slots as per sanctioned plan builder has made 24 car parking slots . is there sufficent open space for 24 slots?
3) builder cannot sell car parking slots . allotment of slots has to be done by the society only .
ajay sethi
(Expert) 08 January 2012
as far as your second case is concerned builder cannot sell any parking space to any member . the allotment has to be done by the society only .
the 25th owner should not buy the flat . if builder ahs contravened provisions of agreement move consumer forum for deficency in service
Raj Kumar Makkad
(Expert) 08 January 2012
I think the relevant and accurate reply has already come for your further action and thus nothing requires to be added.
prabhakar singh
(Expert) 08 January 2012
yes! nothing requires to be added.
V R SHROFF
(Expert) 08 January 2012
Society have to treat all members equally, and give equal facility to all members. Flat 25 is also entitled to car parking, may be by turn.
can move consumer forum for deficiency of service against society as well as builder
Can complaint and go for inquiry to Registrar v, for unequal services, and also go to co-operative court, if any resolution passed for not providing car parking to Flat No. 25.
Guest
(Querist) 25 January 2012
The builder promoter of my apartment deposed before the Magistrate in a criminal case.During exam-in-chief he said that parking based on the seniority of booking with him to 24 out of 25 owners were alloted by him. No advocate from the accused was present.The magistrate asked him about the 25th Falt owner. The builder said that no parking space was alloted to him.
In the afternoon he was cros-examined by the accused lawyer.During cross exam the builder admitted only 9 parking was shown in the building plan and schedule C i.e car parking was not part of registration for any flat owners. And finally he owned up that after completion of the apts it was left to the members of the association etc to resolve the issue amicably as he had promised each of the flat owners free car parking during booking at the drawing stage.
What will be the status of the claim of the society that it was builder who had alloted the car park and they are not in a position to revise allotment for all 25 flat owners?
The complaint filed against 25th flat owner for parking his car in some others slot resulting into altercation , complaint by society office bearers and booking a case under IPC 341 and 506.
Guest
(Querist) 02 February 2012
Cr case has been dropped by the court. How the 25th owner now deal with the issue and get his parking slot and from whom and how?
