Open car parking not allotted by the builder after getting payment
s.saravanaraj
(Querist) 24 November 2013
This query is : Resolved
sir,
i am living in chennai, In our apartment , builder collected money for open car parking from 26 owners in 2006 and banned over our flats without allotting . closed car parking also were available in our flats.
open car parking is written in our sale deed.
do closed parking , that is car under building enjoy different rights? they object us to get open car parking.
now, the association is objecting allotment for open car parking and putting temporary sheds.
do we have equal rights as closed parking allottees ?
can we get open car parking allotted ourselves and erect temporary sheds to protect our vehicles.
is there any rules and judgement in our favour.
ajay sethi
(Expert) 24 November 2013
builder has no powers to sell car parking slots . it forms part of common area . as far as open parking slots are concerned if number of applicants are more allotment has to be by drawing of lots on annual basis .
no temprorary sheds can be affixed on open parking slots
s.saravanaraj
(Querist) 24 November 2013
thank U Ajay Sethi,
jus one more doubt ,
do the stilted car parking also considered as open car parking as per supreme court order.?
my builder has got more money from some owners and allotted the stilt car parking , is this valid?
since our purchase happened in 2006 , do the new judgement and new rules apply to us now, can we ask the society/association to cancel all the slots allotted by builder and do drawing lots now.
ur reply will much appreciated sir
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
No new rules or regulations have been framed after your purchase. Please refer to the Flat/Apartment owners' Association Rules and registration of same under Societies registration act, you will get clear picture about how an association decides about the usage of property in common as per their own bye-laws which have been duly registered along with memorandum of association of Flat/apartment owners association.
vswaminathan
(Expert) 27 November 2013
In the concerned everyone’s own interest, points to be made a special and conscious NOTE of are, among others, mainly these:
A) The SC ruling seemingly under reference /in mind is wprt the provisions / scheme of things applicable to “FLATS” under the MOFA; further,one given on the specific facts of that case. Hence, may not be prudent for anyone to assume and proceed on the premise that it is ipso facto applicable to any other of its kind- such as “APARTMENTS” or in any other State.
B) The relevant provisions applicable to “APARTMENTS”,which are distinct and clearly distinguishable, even on a simple reading (but with clear vision/ dilated eyes) are to be found in the separate enactment applicable thereto; e.g. in Maharashtra, it is called the,- MAOA;
C) In Chennai, as is commonly known,mostly constructed and sold as by builders are,- “APARTMENTS”; and applicable thereto is the enactment called the TNAOA;
D) The TANAOA is an enactment framed, and structured, more or less on the lines of/ adopting the underlying model of the MAOA, but for certain deficiencies . For a critical comparative study of the respective law on APRTMENTS in force in Maharashtra and Chennai, one may care to mindfully go through the published article – “Own An Apartment In Chennai?” – Citation, - (2003) 3 MLJ (journal) pg. 5.
In one’s independent and perceptive conviction, for ascertaining and deciding on the position in law, so as to convincingly (or expertly or eminently)answer the query on hand, even on a tentative basis, the foregoing unflinchingly crucial aspects ought to be kept in razer-sharp focus,as an imperative backdrop.
The information exchanged in good faith and made freely available in some detail in public domain, purely for sake of the common good, in its profound sense,for instance @ the following Link,-
UPOR or PR Card-All property details in one card for Karnataka- (comments posted thereat need to be read),
it is earnestly believed/hoped , might provide useful clues and be of broad guidance.
V R SHROFF
(Expert) 27 November 2013
builder cannot sell parking space
