If number of slots are lesser than number of flat owners parking slots have to be allotted by drawing of lots
If your parking slot is set aside file complaint before consumer forum and seek orders to direct society to allot you car parking slot
Parking allocation
Hello, I have purchased a resale flat in a reputed tower complex with one parking space , after few months i noticed that builder has allocated same parking place to other resident as well , my allocation letter is dated 21st sept, and other resident has letter dated 15th sept . the other resident is a bank and they give this premises to their staff , not this bank wants mt to vacate the parking and society does not have alternate space to allocate me ...so i am not moving from my parking space officially allocated to me , society has asked me to take up with builder i have taken up with society and even builder multiple times but no positive response in such situation how do i act to safeguard my parking , the other resident bank has decided to go legal route with builder i need to know will i be affected if builder looses against bank , how do i safeguard my interest w/o spending time and money and delays due to legal route can i complaint to consumer court , would request guidance please
Asked 7 years ago in Property Law
Religion: Hindu
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10 Answers
This is my response to you:
1. The builder cannot allot parking space;
2. Send him a legal notice;
3. The society can allot parking on the basis of draw of lots;
4. If the builder does not cancel the allocation then approach the consumer court and put pressure on him;
5. Claim compensation from the builder for the mental and physical harassment faced by you.
Sir since the society has power to allocate parking once it is formed the matter can be raised before the society for afresh allocation further if the bank go against builder in that case court can grant relief and compensation to the bank but since third party interest you will be also party to same.
Further since you have now possession keep the same and in case you are added party to the suit you can contest same.
Well, the person who buys property first gets his right over it.
Do if the parking space is sold to bank first you don't have better title thank bank in it.
So check the deed upon which bank is insisting it's right. If it is a prior deed than yours then I regret you will have to yield yo bank as far as parking space is concerned.
Yes, then your remedy lies before the consumer forum wherein you would get refund of money along with damage and compensation.
Hi, it is advisable to file a complaint at RERA (Real estate regulatory authority ) and seek compensation . As per RERA provisions the builder has to abide by the terms and conditions of agreement
1.parking cannot be sold
2. Only after coming into force of Rera can builder sell parking
3. Neither you nor bank have any exclusive right over the parking sold to you
4. As parking could not be sold by builder to first buyer who was your seller, the seller also does not have any right to sell car park to you
5. You will have to file a suit against your seller to recover car park money
6. You cannot sue builder because he did not sell car park to you. But you can make him a party in your suit. The bank can also be added as party defendant in your suit
7. So there is no option but to spend money to take matter legally
Firslty, I would advice you to go before the Civil Court, and file a case for injunction from dispossessing your parking.
Secondly, if you go to consumer forum then you may not get the instant relief as you would get from the civil court.
Thirdly, once you have right in the society as owner then no body can ask you to leave something which has come to you legally.
a builder is not authorized to sell parking spaces as individual real estate units.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the High Court of Mumbai, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
If your grievances are not redressed either by the builder or the society, you may drag both of them to the consumer forum for relief and remedy including compensation for the mental stress caused due to this.
As the parking was first alloted to them they have right over the parking. But there must be public parking available to park your car or you can ask for another private parking for you as its your right as a member of society.
Hi,
You are required to file case against the builder for commiting fraud with you and also for allotment of separate/alternate parking space for you. You may also complaint to consumer court.
