1) society is at liberty to reallot car parking slots
2) if your parking slot is being cancelled society should allot you another parking slot
3) there has to be resolution passed by MC for cancellation of parking slot
I have an open parking space alloted by builder. The builder has provided me allotment letter mentioning the parking slot number. I have been staying at the place and parking my car in the same slot for past 7 years. The society is now saying that below my parking space there is underground water tank, so they will be cancelling it. This underground water tank has been there for last 7 years, but they are doing this now. I am arguing to this and claiming that before cancelling they should allot me another space for parking. What should I do now, in case they cancel it? Can I challenge this legally if they do it? For cancelling, does the society needs to provide any written notice as they are telling me verbally about it?
1) society is at liberty to reallot car parking slots
2) if your parking slot is being cancelled society should allot you another parking slot
3) there has to be resolution passed by MC for cancellation of parking slot
Dear Sir,
First be aware that the rights of Society executive members is very limited and they cannot stand in the shoes of builder. If they do any thing before that only you can approach civil court seeking permanent injunction against them in their personal as well as official capacity and restrain them from interfering with the parking slot. You will get ex party interim order.
Hello,
Yes they are required to serve a notice and also they are required to hear to your reply.
if arbitrary they are doing so then lodge a complaint against them before the Registrar.
Regards
1. the allotment of open car park space by builder to you in your favour was illegal
2. even if you may have paid the builder and got an allotment letter from him, that will not be of any help
3. open car park is the society's property and no member can claim exclusive right over such space
4. however you do have a right to demand a car park space if there is extra parking space or you can demand a car park when an allotment is done next time by draw of lots
Hello,
Let them prevent you from parking, or send you a notice . A verbal request does not hold any legality or you cannot take action on any statement made by anybody.
Regards.
1. Since you have purchased the parking space your right to park your car can not be extinguished.
2. Now if it is found that due to parking of your car the underground water tank is indeed getting structural damage then your space of your parking space can be shifted but the allotment for parking space can not be cancelled altogether.
3. So on proof of damage your parking space can be shifted but your right to park your car will continue.
See they have authority to cancel the said parking space but demand allotment of the parking. Society have authority to change tha parking . But in case they do not allot you new parking you can take legal action against them. They have to provide a written notice.
1.The Builder can neither sell nor allot open or stilt parking spaces.
2.No Parking claim undertakings" are patently illegal and not binding on the purchasers.
3.The Society can cancel all allotments of the builder.
Any cancellation of this slot, can be done only in writing.
At any time they serve you with any notice/order, you will have the option to approach the High Court or the Consumer Forum.
At present, you need to lodge your protest with the Society against this proposed move.
You are an authorized owner of the parking even if there is a water tank under the parking the slab of the parking is made so strong to hold the weight of the car .
they have no authority to cancel your parking space and in case they tried to do so you can file a writ petition in the High Court against the society for unauthorised act of cancelling your parking space.
The society have no authority to change the parking of individual Apartment owners they are meant for maintaining the society and common areas they don't have any power to amend any sale deed and allotment letter
1) You should get another parking slot alternative where you can park your vehicle.
2) Society can't cancel you parking slot like this way.
1. Typically Parking Allotment letters CANNOT be revoked by the Society, for any reason, PROVIDED the parking is being alloted on "rotational basis" (as per registered bye-laws), that too AFTER taking proper Notice-Agenda-Resolution in a any duly called General Body meeting.
2. You can file a grievance petition against the claim of Society, in the local Consumer Court for relief. IF the Society people are threatening and intimidating THEN file proper FIR with the local Police station.
Keep Smiling .... Hemant Agarwal
Very simple, If they cancel your parking, They have to cancel all parking alloted by Builder because, Parking area belonging to all the owners as it is in UDS area. So send legal notice and go for file the suit with proper lawyer.
This is my response to you:
1. The builder cannot allot you parking space;
2. Though if the society has allotted the same parking space for 7 years then they should keep in mind that at all times;
3. If the underground water tank work needs to be done then, they must give you advacne notice;
4. They should provide alternate accommodation;
5. Consult a local lawyer, go through your society bye-laws and take legal steps in necessary.
If the society is asking you to vacate the space, you may ask them to allot you an alternate parking space or to issue a legal notice about this to you.
If they issue a legal notice then you may initiate legal steps to tackle this issue.
You may file an injunction suit seeking to restrain them from forcibly evicting you from this place until they allot you another parking space suitably.