• Parking allotment in our apartment

Hi Sir,

We bought a 2bhk flat in oak mont apartment in bangalore.Almost 1and half years back parking allotment happened before association forms in a unscientific way. We came back from office found allotment done. Those who are favourable and 3BHK flats got bigger space parking. Iam not even bother about small parking area but our parking area is one of worst because myself and my neighbor can't park our two cars in that space and if we park we cant open the cars doors. Only two of is having this situation. We asked association several times to do justice but no action till now. Please provide your valuable opinion on this issue.

Yours sincerely, 
Keerthik
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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11 Answers

1) You can make complaints to association registrar of Bangalore city in the writing.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir issue a legal notice to the association to re-allot you parking since the parking space is not proper or allow you to park in the common area in case associations fails to do same file a consumer complaint before the district consumer forum seeking direction for re allotment .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Seek change in your parking slot 

 

2) if association refuses to do so file complaint against association before consumer forum seek orders to direct builder to allot you another parking slot of standard size for parking 

 

3) if there is shortage of parking slot then allotment should be by drawing of lots 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.

 

If you are aggrieved by the allotment of parking space, you can talk to the association about this and request to allot a different space with little more comfortable parking.

If the association fails to lend any assistance in this regard, you may issue a legal notice in this regard and demand for an equal allotment of parking space or else to face the consumer court which will decide on the basis of equality to all.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

See till disposal of main complaint you can seek interim relief that is alternate arrangement of the parking, don't worry proceed with matter you will get relief.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The time taken for disposal of consumer complaint case may vary from two to three years.

The chances of winning the case may depend on how strong your pleadings are and the skilful arguments presented before court by your advocate.

Dont lose your heart, put your best efforts.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You should approach with society on parking dispute if society not taking any action then you can send a legal notice to society through an advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have good case on merits 

 

cases before consumer forum take 2 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Don't go in Consumer court, you may go in registrar office of association.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The parking space is Defined by the development authority and you have to rely on those documents that a minimum parking space for parking a car should be and on that basis you may won the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Now as per recent Supreme Court Judgments every flat must have independent parking place and without which a sale deed is incomplete. You will definitely win the case provided you issue a legal notice and then approach the Consumer Court or Civil Court for appropriate relief.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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