LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Car parking

(Querist) 10 February 2012 This query is : Resolved 
My client was allotted a car parking, just suitable for Maruthi-800 in which cars like Verna cannot be parked.
The society is having 4 additional parking places which were rented to different owners.
My client requested the society to change his parking with that of available parkings which was not done, and in addition they have sold out those extra parking places to different owners, even without conducting any meeting nor intimation to my client, despite forwarding several requests to the society for more than 18 months.
My client also got issued a legal notice to change his car parking, to which the society is silent, and did not even cared to reply.
Now what relief can my client get if he approached the court.
If any suggestions to get his problem solved.
Thanking you,
Shrinivas.
Shonee Kapoor (Expert) 10 February 2012
How was the parking slot allotted at the first instance?

Was the said parking allotted against any consideration?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
sanjeev murthy desai (Expert) 10 February 2012
After acquired car parking slot from the owners under a registered sale deed subsequently you cannot demand to the society to exchange the allotted parking slot. However society has authority to sold any one in respect of remaining parking slots with conducting meeting inthis regard. In your case society does not follow the by laws of the society hence there is irregularity inthis regard. Hence you can approach to Society Registrar to make inquiry and resolve your problem.
ajay sethi (Expert) 10 February 2012
was alootment of car parking slots done pursuant to resolution IN Managing Committee/AGM?

on what basis society made allotments of slots .
raise the issue in AGM .

if society has without any authrosaition sold parking slots raise the issue with REgistrar of your ward
V R SHROFF (Expert) 10 February 2012
Mr. Shrinivas,
if you reply what was asked by Shri Shonee, desai & sethi, it is possible for us to guide you.


Basically, if builder sold the parking slot, society is helpless to exchange it. you might have paid less for small area
If it was allotted to you by Society as per AGM, it can be challenged in Co-op Court.

Society have no right to sell parking slot.
M/s. Y-not legal services (Expert) 10 February 2012
dont know about the agreement between you and your society..

if its necessary mean just lodge a consumer complaint under deficiency in service..

-tom-
Sankaranarayanan (Expert) 10 February 2012
Did you given request the society by written . What reply the socity given. What norms been fixed in the belaw when the place sold ? Normally if any prob on allptment then you can fight against society. Here only put request and get replacement.
Srinivas Dudala (Querist) 12 February 2012
The parking was allotted by the builder in my clients absence. Subsequently, they raised a wall, which is obstructing my client from parking his car.
My client has given his representation in writing, for more than 5 times, since last Nov-11.
As the extra parking place is being let out to those, who have no parking place and moreover, they are having small cars, which can be parked in his parking place.
The society said that they sold the parking on priority basis, (unofficial information) but not considered my clients requests even though my client was ready to but new car parking and sell his car parking.
He just asked for change of place/shuffle the existing parking.
My client is a Commander (Flight Officer), his office timing is almost round the clock. At any point of time, he may be asked to attend the duty Etc., at which point of time, getting out his car has become miss-arable.
V R SHROFF (Expert) 12 February 2012
Move court,
get order to either break wall, or ask society to provide car parking as agreed upon by builder. Let Society & builder be defendant.
ajay sethi (Expert) 12 February 2012
move cooperative court for necessary reileifs
Srinivas Dudala (Querist) 13 February 2012
Dear Sir,
The notice given to the society is attached herewith.
Please guide me. Either to go to the court of the society registrar & exact process with prayer.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :