• No car parking alloted to new flat owners

We have purchased a flat in early 2017. The society has 60 flats but only about 9 or 10 car parking spots. These spots have been claimed by existing residents. I don't know who these residents are and on what basis they have claimed the spots. Shortly after purchase we wrote a letter to the society asking them to fairly allot car parking spots to the society members through a draw. However they have ignored our request and did not even raise it in the AGM or any meeting. What is the best way to make the society take some action to fairly distribute the car parking spots? This is an old building built about 40 years ago.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Dear Client,

Open area is meant for common use and cannot be claimed by any resident exclusively. For non action of society, you can complain to society registrar.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

As per the supreme court judgement the open spaces of the society cannot be sold by builder or society. You can file a complaint to the dy registrar and initiate an ation regarding the same. If not resolved you need to approach the co-operative court for appropriate reliefs. You can also approach consumer court for deficiency of service for the same.

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

1) file complaint against society before consumer forum and seek orders to direct society to allot car. Parking slots by drawing of lots 

 

2) in alternative file application before co operative court and seek court orders to direct society to allotcar parking slot 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

See if society is not fairly allocating the parking spots then a complaint against the members and committee can  be filed before the registrar of society and further a consumer complaint for deficiency in service seeking allotment can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) If there is no individual parking in the society than you can park your vehicle at anywhere whenever you find parking place is free.

 

2) You can raise this point in the AGM meeting or make complaint to registrar of Cooperative housing society.

Ganesh Kadam
Advocate, Pune
12924 Answers
254 Consultations

4.9 on 5.0

In case there are short supply of the parking lots the society cannot locate parking to anybody but it should be a free parking and to be used for First Come First serve basis in case you have any problem with the society you can complain to the registrar of societies against the society for the unfair practices and get order from the registrar of societies in this regard you can also approach to the development agency which is in your case is Mhada and complaint about the society in detail I will advise you to please see the Builder buyer agreement and find out any classes on parking lots it is not permitted by the latest regulations that a flat can be sold without the parking allotment and if there is any such provision in your builder buyer agreement then you can approach to the consumer forum are consumer Commission according to the value of the property if exceeds 20 lacs or you can complaint in rera against the Builder as well the Builder have two years of guarantee period for the building and as you have taken position in 2017 only you have all the right to go against the Builder

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Society's action is grossly illegal

The building comes under MOFA in which regime the car park slots belong to society as they come under common areas

You will have to file a complaint with district deputy registrar of co operative societies 

If no action is taken then you will have to file a dispute case in the co operative Court at Old custom house

Yusuf Rampurawala
Advocate, Mumbai
7506 Answers
79 Consultations

5.0 on 5.0

Yes, you have to inform society body first and make application to sub registrar.

Ganesh Kadam
Advocate, Pune
12924 Answers
254 Consultations

4.9 on 5.0

You can send the legal notice to the Society that if the said issue issue is not resolved you will approach the Dy Registrar and co-operative court. You need to file Compliant before Dy Registrar of your jurisdiction and dispute before Co-operative court by appointing advocate

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

You can intimidate to the society, Complain will file at registrar co operative society office, where society is registered.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

See you can issue a legal notice to society and mention that if the society doesnot take steps to correct the allocation you shall take legal steps. If on notice they fail a written complaint before the registrar of society can be preferred.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

its upto you

you can first warn the society of legal action and hope for resolution of your grievance

if you think society will not relent then you can directly lodge complaint with the registrar 

you will have to first find out the registrar having jurisdiction for your ward

i guess there is a government website for this giving the required details of the officers 

Yusuf Rampurawala
Advocate, Mumbai
7506 Answers
79 Consultations

5.0 on 5.0

You can issue legal notice to society to allot car parking slot 

 

if no response then file application before cooperative court against society 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

This is not necessary to inform the society before you register your complaint to the registrar of cooperative societies and Chits you have to arrange some more people like you those who are aggrieved by the decision of the resident welfare association and by simply giving an application to the registers you can register your case with the registrar of cooperative societies for registering case in the consumer Commission are consumer forum as the case may be you need to find out an advocate who  can file your complaint in the consumer forum are consumer dispute redressal Commission as the case may be.

Please remember to rate the answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. There is no point to Register a complaint with the registrar of co operative societies or co operative court", since they do not have any jurisdiction for the same.

2. Firstly issue a proper legal notice to the Society. Thereafter file grievance petition before the local Consumer Court, for necessary directions to the Society. This will set right the problem.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

complaint can be filed before the district consumer forum against society. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the allotment has been done arbitrary without even considering the interest of the others.
  2. In fact, no reasonable answer has been given by the committee on questioning about the same.
  3. You should first write a weitten complaint to the society committee about taking any action against the act, otherwise you will have to approach the court of law.
  4. Thereafter, if they do not do much, then using the same complaint, approach the Co-operative society court seeking immediate allotment of parking by way of draw of lot.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

If this was not raised in the AGM, you may gather like minded people and call for an urgent meeting of the association and place the demands.

This is a serious offence hence you may get into action immediately.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

First make a written representation to the managing committee, let them give a reply or not, you may proceed with your complaint against all those culprits.

After that you may approach cooperative court with a suit seeking specific reliefs.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

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