Implementation of honrable supreme court decision on parking
Nilesh
(Querist) 14 August 2012
This query is : Resolved
Hi,
Our is a Co-op Hsg soc in Mumbai constructed in 2004. Some of the members have bought Parking from the builder. The Builder has given them parking allotment letter for a sum of 5000 rupees but infact has charged more in black. Now there are few people who are challenging this allotment on the basis of supreme court judgment but the committee are saying that as the allotment was done in 2004 and the supreme court judgement is of 2010 so this allotment cannot be challenged.
1) Is the committee stand correct?
2) If not then what can be done and what is the way out?
Your help is much appreciated.
ajay sethi
(Expert) 14 August 2012
in event of dsipute beween society and its members you can move coopeartive court for necessary relief.
the judgement merely reiterates the fact that builder has no power to sell car parking slots . if it is merely allotment not sale society can set aside allotment
Nilesh
(Querist) 14 August 2012
Thank you for your opinion on this. Just to be clear on this.
1)You are saying that society can overide the builders allotment and society has such power.
2)Also if we move to comsumer court do we have fair chance to get a judgement in our favour?
3) Can such alloted parking be transferred/sold along with the flat and what can be done to stop such transfers?
Your help is much appreciated.
R.K Nanda
(Expert) 15 August 2012
You can go to consumer court.
Nilesh
(Querist) 15 August 2012
Yes we are planning to go to court but just wanted to know few things before doing so. Can you please help in below queries,
1)Can society committee overide the builders allotment and society has such power.
2)Also if we move to comsumer court do we have fair chance to get a judgement in our favour?
3) Can such builder alloted parking be transferred/sold along with the flat and what can be done to stop such transfers?
ajay sethi
(Expert) 15 August 2012
developer cannot sell the car park to a person who purchases a flat from him, he can allot the same on a first come, first served basis without charging any money from him. the housing society has to then take the responsibility for reshuffling the parking spaces to other members at periodic intervals. "The allotted space means that the member has the right only to park his vehicle. He is not the owner of the space and cannot sell it to others at a premium,
yes if you move consumer court you have good chances .
