Anshikha 06 March 2019

Apartment parking allotment dispute

Hello,

I purchased a 2BHK apartment in LBnagar in Hyderabad. The Apartment was given occupancy certificate on 2012. There are total of 20 flats in the building, of which only 17 were sold. Remaining flats were under dispute between association and builder, that builder has some pending jobs and violated GHMC parking rules which he later somehow managed, where only 13 parking lots can be allotted as per rules but he allotted to 20 flats. As this problem is not being solved, the apartment association has stopped the builder from being selling remaining three flats.

My Problem Starts here:

On 2017, i went to that apartment as a tenant, stayed there for 1 year; During that time, apartment association has filed a court case against builder to clear their pending jobs. Builder and association made an OFFCOURT settlement with MOU, that he will clear their pending jobs (3) and they will give some area to other three parkings. They announced the same to me that all their problems were cleared, i even cross checked with builder even he confirmed the same, so i started purchase talks with builder, he said that he need to build a ramp, so he need a 1 month of duration to allot parking while we can occupy the flat, we agreed to it for 50 lakhs total and took occupancy on october 10 2018, after i entered into my Flat. In 2 days, the association has again started posting same pending jobs notices and said that as i was not given any parking lot i need to park my car outside apartment, for which builder suggested a temporary place and i parked there. From then the list of demands(jobs) from association increased from 3 to 14, and there was no action from builder till dec 2018, then association started pressuring me that i can't also park in the temporary place i am currently parking, so i talked with the builder, he said that he will clear that problem, in 1 month he cleared first mentioned pending problems and gave parking lot to me on Jan 2019. That was co-sharing with other lot which was predetermined by both the parties before during OFFCOURT settlement. But other part person, kept his vehicle in middle stopped me from parking my car saying that if i park my car, then it will be a problem for him to take turn, this story of stopping me from parking continued for 2 months, after 2 months they removed the new flat’s parking areas given by builder, and demanded to remove my car even from current place saying that builder has no right on the parking lots, whatever allotted by him are not legible as association was formed. When i questioned them about parking as they have rights, they simply said that until builder does not clear their jobs they will not allot parking. If i have any problem with them i can file a complaint against them in court.

According to me, i think that if they do not allow builder to sell remaining flats, he will not clear their demands, so they just placed a trap that their problems were solved and i took the bait. Now i am the victim of their dispute. Even if builder allots me parking me a parking lot now on-demand, association will not allow it and they will not allot lot until all their demads satisfied. Can you provide on whom should I take action and who will be responsible to solve my problem.

Reply Follow

2 Replies

H.M.Patnaik (Proprietor) 06 March 2019

Dear Querist,

Pl. clarify the following points:

1. Whether the Sale Deed/ transfer Deed of Flat is already registered in your favour?

2. If yes, does the registered deed contains any reference of the parking lot in the schedule of property?

3.If the answer to point no.2 is yes, then ,it is the duty of the transferor (Builder) to provide you with peaceful possession of the parking space.

4.If in such a situation, the Builder is the party against whom you have to take legal action and not the association.

5. In case ,it is mentioned in the said deed that the Association is the authority to allot Parking space in the Apartment ,then you have to follow the procedure laid doe=wn by the Association in respect of such allotment.

Hope, the matter is now clear to you.

Anshikha 08 March 2019

Thank you Sir for your reply and valuable time.

I have sale deed under my name with parking lot details provided. After 3 months of waiting period Builder allotted a parking lot too. But the problem is, other other flat owner beside my parking lot kept his vehicle in-between and stated that if i park my car it will be a problem for him to take turn, this continued for 2 months, and after 2 months association removed my parking lot completely and now saying that they wont allot any parking, neither builder has right to allot parking now as association is formed already. Builder is not coming in contact now. Association is stating that according to GHMC only 13 parking lots can be allotted but builder gave to 20 places and its impossible to create new space now; I am only the first person who entered after this dispute, there are two more flats to be occupied.

Now my problem is:- Association is not alloting my space and confirmed the same that its useless waiting for dispute clearance, they are saying that there is no place, and stating that builder also has no right to allot any parking now as association is formed. Now i need to know from whom should i start my fight, with association or with builder as mentioned in your reply both of them will come under consideration.