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pen Parking Space In Registered Society Mumbai

(Querist) 13 September 2009 This query is : Resolved 
In our society, one memeber is claiming that he has paid a seperate amount to Builder at the time of purchase of flat for "OPEN PARKING SPACE"...
(1)Can a Builder lawfully sell Open Parking Space like this (Not to every members, but to some members before formation of society)??
(2) Now with the increasing number of vehicles in society, can society lawfully utilise total available Open Parking Space (Including that of the member claiming his FIXED PARKING SPACE to rearrange total parking arrangement of the members??
(3)In such case, can member ask for refund of amount paid for Open parking from the builder, who is one of the members of the society??
riven
s.subramanian (Expert) 29 August 2010
1. No He cannot.
2. No. Such a claim cannot be made.

3. Refund can be sought.


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