• Parking rights in co opaerative society in Mumbai

I bought an office in an under construction commercial building in Mumbai suburb in 2015. The builder constructed basement parking for about 50 cars and also provided a car lift to carry cars from ground floor to basement car parking. There are 60 offices. He sold all these car parking spaces to 55 buyers of offices (over Booking). I and four others did not buy car parking. Society is formed and registered and conveyance is also done. The builder before registration of society and the society after its registration charged me & 4 others, all maintenance expenses related to basement car parking and we paid without any objection. Also, there is no mention of ownership of car parking in the conveyance deed. Entire building and the land are conveyed to the society. Also, there is no proof of payment made to builder for car parking by those members who paid. Some buyers were issued an allotment letter by the builder while others have obtained in sales agreement written that car parking is allotted to them. Society is refusing we 5 members to park our cars saying that we have no rights to park cars as we did not pay the builder and bought parking.
 I believe that we have equal right to park in the basement or anywhere else in the building as much as any other member in the society whether we bought parking from builder or not. We have adopted model bye laws and we demand that car parking rights should be given to all members as per the model bye laws. We believe that its a common space belonging to all members and it can not be bought or sold or possessed by any member. Is my belief correct? What steps can we take to claim our right? Apart from complaining to Registrar, can we file a case in Consumer court (since we are paying the society for maintenance of car parking facility).
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

1. your belief is absolutely correct

2. the builder is not permitted to sell car park spaces to flat buyers

3. though now after enactment of RERA, the builder can sell car park areas to flat buyers

4. but your building is governed by MOFA

5. under MOFA, the builder is not permitted to sell car park areas because they come under common areas which are to be conveyed to the society of flat buyers

6. those flat buyers who paid to the builder for the car park, did so at their own peril and risk

7. such members and even the society cannot as of right say that since those members have paid to the builder for allotting the car park, they now have an exclusive right over the car park space so allotted to them

8. the allotment made by the builder is in the first place illegal and no amount of payment made by flat buyers to the builder for allotting the car park, can legitimize such allotment

9. you are absolutely right in saying that the car park come under common areas and all society members have equal rights to park their vehicles in the same, regardless of who paid or did not pay

10. the above becomes all the more relevant when the number of units in your building is more than the number of car parks

11. the allotment thus made by the builder to the flat buyers who paid him, is thus not binding on those flat buyers who did not pay for the car parking

12. even if the society ratifies and confirms and adopts the allotment of the car park done by the builder, that will not legalise or overcome the restriction against sale of car park areas to flat buyers

13. the proper course for the society in your case would be to conduct and draw a lottery for allotment of car parking so that no member is deprived

14. another course would be to allot car parking on rotation basis at regular intervals of time since the number of society members is more than the number of car park areas

15. as this is a potential dispute between the society and its members, the legal remedy will be to approach the Co-operative Court and file a dispute case against the society

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

You are absolutely correct

2) car parking slots form part of common areas for benefit of all members

3) builder cannot sell car parking slots

4) you can file complaint against society before consumer forum and seek allotment ofxar parking slots by drawing of lots as provided in model bye laws

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

No builder can sell parking space in Maharashtra as the Bombay high court has ruled that a stilt parking space is a common parking space available to members of the housing society.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Firslty, Sir, when there has been a sale of several spacees in any building then the rules and laws remain same for everyone’s as it can’t be on the basis of pick and chose criteria.

Secondly, if it has been mentioned in the agreement that parking would be there then now they can’t deny to it on the ground that you have not paid for that as everyone believe that when it is in the agreeemwnt then builder just have charged inclusively otherwise he would have aske for it separately.

Thirdly, extra money paid incertain cases where extra parking has been allowed to others.

Fourhtly, you should approach the Civil Court of Law for injunction haunts the builder to not to disallow you give to park their cars.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Since lapse on your part to purchase parking area which is also violation budding bylaws by builder.

Well, hence you are paying parking maintenance charges, you are entitle to parking space if not ownership.

Remedy through consumer court available.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You are absolutely right that the car parking space canot be sold by the builder as a separate unit hence the demand made by the society is illegal and against the law.

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.

The same rules are applicable for the commercial complex also.

You may take up this matter with registrar of cooperative societies or to the cooperative courts also

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hi,

you may initiate the case against the society for not allowing your parking and taking maintenance charges for that also.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir a complaint before the registrar of society can be made against the society for not following bylaws. Further a complaint under the consumer court can be filed for deficiecy in service since common area cannot be sold the society can allot same and all members have equal rights over it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. Parking is the common area of the building;

2. Parking cannot be sold by builder;

3. Parking can only be allotted by the society;

4. Therefore the parking allotted to you in good conscience;

5. But the society is trying to extort money from you by colluding with the builder;

6. First send a legal notice;

7. Then approach the consumer court and file a formal complaint.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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