builder cannot sell car parking slots . however builder can allot car parking slots
2) society can cancel the parking allotment done by builder and re allot car parking slots
Parking allotment by builder before society formation
Dear Sir/Madam This is regarding parking space allotment Question? We have purchased a flat in Raipur (C.G.) under construction building (C Black) in 2011 and agreement date in Mar 2011 and possession is started in the ready flats in the building from 2010. During the possession builder has given verbal statement for parking in the C block building. Builder asking for money for allotment letter of parking without giving receipt, He will just provide a allotment letter showing that it is a free allotment on first cum first serve basis. Some of the owner has taken that parking allotment letter. Parking space will be provided on ground floor as per drawing mentioned in Sale deed of apartment. The society is formed in the month of Aug 2012 and decided by the majority of owner not to pay for parking to the builder as per Hon'ble supreme court Judgment (Sept 2010) bot builder is still allotting parking letter on back date i.e before formation of society. 1.The allotment is done after (SC Judgment) however before formation of society so the allotment made by the builder is Legal? 2. Once society formed can society cancel the builder parking allotment by law? Society can decide the allotment rules at that time as per laws.
Asked 8 years ago in Property Law
Religion: Hindu
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Sir, I am Sunil Kumar parked my car in society car parking from 2011 which is allotted by society in 13.03.2013, now its come to my notice that the builder has been allotted my parking to another flat owner and allotment letter is issued on 14.07.2012,kindly guide what can i do? Regards Sunil Kr.
Asked 8 years ago
1)society should pass resolution to cancel allotment of car parking slots by builder
2) re allot car parking slots to flat owners as per procedure prescribed in the bye laws adopted by society
1.The allotment is done after (SC Judgment) however before formation of society so the allotment made by the builder is Legal?
NO, this act itself constitute an offence because executing or granting a right from back date is an offence of forgery and punishable in Indian penal code. if it is proved that he did so to negate the judgment of supreme court then he can be prosecuted for contempt of the court.
2. Once society formed can society cancel the builder parking allotment by law?
yes, once society has formed and all the right regarding general management has been transferred to the society then society has power to rule out any illegal act committed by the builder by passing a resolution. such resolution shall be executed by the law either by filing suit or giving application before the concerned authority who has passed the plan.
1.The allotment is done after (SC Judgment) however before formation of society so the allotment made by the builder is Legal?
The supreme court guidelines in this regard is very clear. The parking space cannot be sold hence the builder cannot charge you for allotment of the same. Also since the builder himself is mentioning that this is free allotment, his demand is illegal, you may refuse to pay him for any such allotment and ask him to proceed legally on this.
2. Once society formed can society cancel the builder parking allotment by law? Society can decide the allotment rules at that time as per laws.
Yes the society by passing a resolution to this effect in a general body meeting can decide about this.
I am Sunil Kumar parked my car in society car parking from 2011 which is allotted by society in 13.03.2013, now its come to my notice that the builder has been allotted my parking to another flat owner and allotment letter is issued on 14.07.2012,kindly guide what can i do?
The allotment by the society will be the right decision and not by the builder.
Let him proceed legally which can be solved only by court's intervention.
Sir As your advise yesterday we have called society meeting, majority of peoples are having parking allotment letter from builder, all allotment letter issued before formation (In-Back date) and of society builder has taken rupees 40000/- per allotment without given any receipt, we are only 10 to 15 owners those how are not having parking allotment latter, during the discussion with the society president he is also taking the fever of builder allotment and he is not to ready to fight the case, so you are requested that please advise can we file the case as individual basis or where we petition of our case.Regards.
Asked 8 years ago
1) if society fails to allot car parking slots to aggrieved flat owners you can file complaint against society before consumer forum for deficiency in service
2) seek orders to direct society to re allot car parking slots as per provisions of bye laws
3) seek compensation for mental torture undergone by you
4) you can file case on individual basis
First you exhaust the remedies with the society by issuing a legal notice demanding to allot you the parking space as per the rules and latest judgment by Supreme court in this regard.
Let the society give a reply expressing their inability or whatever they want to tell.
You can ask for arranging for a special meeting of the society to discuss and resolve the parking space issue.
If nothing works out then you may approach consumer forum for relief and remedy against the society.