• Allotment of parking space for my flat

1)	My parking (location) is specified in my agreement with the builder. The physical marking of the parking space for the tenants in the flat was done 6 years ago. I started occupying my flat 5 years back. It is after my occupation that clear cart demarcation of parking space is done.
2)	My parking lot is between narrow pillars from main corridor and again need to take sharp left term between another set of pillars, virtually impossible for an ordinary man to park in normal circumstances. Although the defect is very much patent and visible then I kept silent.
3)	Another fact I want to mention is that free undivided ground area is very less in our building. Total number of flats is 22 nos. If all 22 tenants cannot be able to park the same time unless all own a small car. 
4)	I did not object when parking lot is done. I don’t have car although I could afford one and I have used to drive car when I was abroad. Since I don’t have a car when parking lots were marked I am allotted an “impossible to park parking lot. I did not object then.
5)	I am aged 63. I read about of the concept of rule of law and natural justice. Hence now I realize that if I did not assert my right, I would be doing injustice to my children and grand children who will inherit my flat. 
6)	Under the circumstances kindly advice what recourse I have against the builder and the Association under the law.
7)	Is it possible to rattle the Builder and Association by sending a notice to compel them taking a revised stand? 

D.RAMAKRISHNAN. TEL: [deleted].
Asked 8 years ago in Civil Law

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10 Answers

1.Well,now it is too late. Due to over the years of the parking space you have waived your legal right by way of rule of waiver and acquiescence.

2. Now all flat owners must have taken possession of their respective parking space.

3.If no vacant space is available anymore then you cannot request for alternative space as well.

4.in that respect sending of legal notice of taking recourse,i9 regret to inform,would yield little result.

5. had you been protesting of this space from the very beginning then something could have been done.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello,

1) If You have been allotted a parking space/ stilt parking is allotted to you as per your Agreement the builder has fulfilled his part of the contract despite the fact that it is a slot that cannot be put to use because of its location.

2) Although you ought to have brought it to the notice of the builder and fit you allocated a suitable and accessible parking slot in its place .

3) The fact is that in the Agreement there will be a clause that says that the builder is liable for maintenance and repairs for defects in the structure within a stipulated period. Therefore you can succeed in sending a legal notice and rattle the builder and the Association. If there's no alternate space to be allocated demand compensation from the builder.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

You should write to association that it is not possible to park your car in slot allotted to you

2) association can really car parking slots

3) if they fail to take action file complaint before consumer forum seek orders to direct association to provide alternative slot to you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Contact any lawyer and issue legal notice to association to allot another parking slot to you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

1) As I said earlier you can certainly send a legal notice to the builder as has allotted a space that is not easily accessible. Though there was an earlier stand that matters are to be dealt with between the builder and the flat owner, nothing stops you from making the Association a party to the notice.

2) Keep your options open as the in case the builder offers to negotiate upon receiving the notice.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Sir send him a legal notice claiming to rectify your parking area.. If he do not revert , then you can approach consumer court forum..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

To send to a legal notice you can always engage an advocate and get a notice drafted on that issue and send it across.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can go ahead and talk to your association and if they still do not agree then you can send them a legal notice for that action

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You say that you have been allotted with a parking space, whereas you hav not utilised the same since you dont have a car.

Now you have been keeping quite so long and suddenly you are getting this idea of a cramped parking space allotted to you.

You have not even mentioned whether the allotted space to you was taken back or occupied by other person or what is your problem with the vacant space or whether you want a car parking space to be allotted elsewhere.

However please ascertain your need and then fight for your rights because you have been keeping silent on this problem so far and now without any object or a vehicle to park your demand for a non-existent vehicle may not convince your claim to any authority.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you are damn sure that you need to send a legal notice then you can send the same to the secretary/president of the association.

In fact you were a secretary at that time of the society taking over from the builder , you never raised the issue, the question that why did you not take up this issue will rise.

However it is always advisable to raise this issue if you really have a proposal to buy a car and not before that.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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