• We were given a parking lot where a car could not enter or leave

We own a two bedroom apartment in Hyderabad in which we have parking lot problem. We gave our apartment on rent long before the association was formed...and some owners along with builder has made the parking allotment with out informing us... They has have not followed any procedure like lucky dip for allotment, they shared the parking lots on their will left us with a parking lot which is not functional... When we approached them on this issue the builder is not ready to look into this issue and blames the other owners for not informing us...anyway we are left with nonfunctional parking lot which is a problem for our tenant..the so called owners association which is now got registered says they have nothing to do with this issue... In regard to this what are our rights  pls guide us on this issue and refer us to an organisation which can guide us locally in Hyderabad.. 
With regards
Spandana s
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1)issue legal notice to association that parking lot allotted to you is not functional as it is not possible to park your car in said slot 

2) that no proper procedure was followed for allotment of car parking slots 

3) builder has no powers to sell the car parking slots . once association is formed it can allot car parking slots by drawing of lots if number of members are more than slots available 

4) you can move court against association if association dos not redress your grievance 
Ajay Sethi
Advocate, Mumbai
44153 Answers
2561 Consultations

5.0 on 5.0

1. In most of the cases, the builders misguide the customer with a clouded presentation of the location and property in question. The parking space mentioned in the agreement /sale deed should be checked . 

2. If the total land allotted for parking to all the buyers exceeds the actual physical land then you can sue the seller.

3. The terms of agreement for sale and the sale deed executed between you and builder rank sacrosanct. if it specifies the parking space than he is bound to give the same.  If the agreement with builder gives details of parking space then also he is bound to act accordingly. 

4. You can issue a lawyer's notice to the builder for being deficient in giving a proper parking space. If he does not fulfill your demand then you may move to the consumer forum for damages.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

1. Parking lot is to be allocated to the members in an open and transparent manner and it can not be done behind the back of the mambers,

2. The Society is formed by all the member, who shall have to decide about the allocation,

3. Raise the matter in your next AGM and if voted by majority of the embers, the said parking lots will be allocated afresh in a manner accepted by all the members,

4. You can lodge a complaint before the Registrar of Societies in this regard. 
Krishna Kishore Ganguly
Advocate, Kolkata
18091 Answers
438 Consultations

5.0 on 5.0

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