• Stilt car parking allotment issue

Hello Madam/Sir, 
I apologize for a bit lengthy story of my problem. 
I own a flat in Chennai. We have about 65 flats in the complex. I have paid for the stilt car parking to the builder before possession during 2005. When I had asked the builder about the specific allotment for car parking before taking possession of the flat, I was told that there are ample car parking spaces, so I don't have to worry about any specific allotment and I can park anywhere. However, I realized only recently that the builder had issued car parking allotment letters during June 2005 to most of the flat owners who paid for the car parking. But I was not issued such a letter by the builder and I was not even aware that such letters were issued until recently. The apartments association has been insisting that I get the car parking allotment letter from the builder indicating my allotted parking space or I move my car out and give it to the flat owner who has got the letter from the builder with the allotment that indicates the space that I have been using. Apparently, there are no more stilt car parkings available for me to use. I approached the builder requesting for an allotment letter. I have been talking to them, been sending emails, have written letters and I even met them. They have not responded to any of my email communication or letters. They say they cannot issue any letter to me now, because it is old project (12 years old) they do not have any records or a track of the allotments and the people who had issued such letters are no more with the builder. 
I have seen the allotment letters of few owners including the letter of the person who is claiming the space. The letter has two documents – one on the builder’s letter head that says that the parking space allotted is as per the drawing that is attached to this letter. Two - the drawing that does not have any reference to the letter or name of the flat owner or date or any attestation or sign or a seal by the builder. It is just a Xerox copy of a layout that can be drawn by anyone. 
My questions are: 
1)	Is it not builder’s responsibility to issue the allotment letter to or find a solution? 
2)	Are the allotment letters issued by the builders in the form I explained above, valid and make the flat owners legally own the car parking space? Anybody can create a layout and simply attach to the letter. 
3)	Does that Association has any say in this? They have been putting pressure on me for the letter knowing that there are no covered parking slots available. Is it not Association’s responsibility as well to seek a solution from the builder on this issue? After all, it is a welfare association. 
4) I own the largest apartment in the complex. If there is a scarcity of parking space, should i not be given a priority during allotment by the builder? 
5)	Please suggest what I can do to solve this problem. 
Thanks in advance for your suggestions. 
Best Regards
Venugopal M
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) what is evidence yopu paid builder for stilt car parking slot

2) do yuou have any receipt for payment made by you

3)stilt car parking slot forms part of common areas for benfit of all mmebers and builder cnanot sell the slots

4) issue legal notice to builder that although payment was made no parking slot allotted to you

5) seek refund of money paid by you with interest

6) allotment letter issued by builder does not make the members owners of the car parking slots

7) if there is shortgae of parking slots association should allot solts by drawing of lots

8) check the byue laws adopted by association . there must be provisions for car prking slots

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Since the building plan is sanctioned on behalf of the builder it is h9s duty to allocate the premsies and car parking space as per the agreement with various purchasers.

2.Yes, the allottment letter issued by builder is to be the valid allottment unless he makes allottment of same space for several persons.

3. Once bilder sell the something the association can not question it anymore provided the sale was legal and valid.

4.No

5. Negotiate and try to settle this amicably. legal intervention is advised at this stage.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The Builder can neither sell nor allot open or stilt parking spaces

2. Judgment of the Hon'ble Bombay High Court and the Hon'ble Supreme Court of India that builders can not sell stilt or open parking spaces.

The legal observations are as under:

“ It is pertinent to note that parking spaces are mentioned in clause 22 of the Maharashtra Ownership Flats Act along with words open space, lobbies and staircase giving clear indication that these spaces are also common amenities.

This also indicates that car park spaces do not have independent status. Clause numbers 22 and 23 could not have given the promoter/ developer right to deal with the open spaces, car park spaces lobbies and staircase. Such property would remain the property of the promoter/ developer, but he would keep the property as trustee and convey the same at the earliest to an association formed by the purchaser of flats.

This is legal obligation of the promoter/developer under section 11 of the Maharashtra Ownership Flats Act."

3. The Society when formed can legally refuse to accept the allotments made by the builder and ask the buyers of the parking space to vacate. This is being done by several Societies in Mumbai already.

4. In Chennai some builders fix the price of per sq.ft cost flat that includes per sq.ft of one parking slot. The construction agreement or sale deed for UDS do not speak of parking slot. But as per CMDA rules they make provision for car parking space enough to all flats and 10%for visitors. Once the builder hands over the site to association the association divide parking space and allot to owners No extra charge is collected by the association.

5. The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation.

The Supreme Court ruling means that the developers of residential apartments or commercial buildings must hand the parking areas over to the management organisation (such as the 'housing society').

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots

If your society is not keen to solve your problem, you may issue legal notice to society and can even drag it to cooperative court or consumer court for getting your grievances redressed.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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