Society has sold/allocate stilt parking to me (member) after passing resolution in general body meeting,,and charged 55,000/-RS.in the year 1995,Society have also issued letter and revenue stamped receipt signed by Chairman and Treasurer on society letter head., now building going for redevelopment and members are not ready to give this benefit in new building. . what is my right , and what about my money paid 22 years back , how to handle this issue. vijay kumar jain email id- [deleted]
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You are absolute owner of stilt car parking slot as it was sold to you by society and you have paid Rs 55000 for said slot
2) in case of redevelopment society should on redevelopment offer you another parking slot
3) don’t agree for redevelopment unless your rights are protected
If you are lawful member of the society then on its redevelopment your existing rights can not curtailed or abridged.
Since they are trying to do just that then you have the option of filing a suit for declaration and seeking injunction.
Another option is to lodge complaint with the registrar of the Society.
don't agree for redevelopment if society not ready to give you stilt parking.
Society can't sell the parking. Only builder sells the same. Now you can demand the refund from the society or you can claim an additional paring in new society as you will anyways get 1 free parking after redevelopment
1. Issue a proper Legal Notice to the Society on the issue and direct them to allot permanent parking slot or return your deposit plus 21% interest thereon from 1995.
2. IF the above fails, THEN file grievance petition before the local Consumer Court, and request directions to the Society to return your deposit plus 21% interest thereon from 1995.
3. AFTER point no. 2 (above), the Society will come to its senses and come down for settlement. No other easy option.
Either fresh parking will allot or refund with interest along with compensation towards price escalation. .
This is my response to you:
1. The society dissolves once the redevelopment project is taken up;
2. Your rights are still preserved because you have paid a price for the parking space;
3. You must be included in the tripartite agreement entered by the society and the other parties;
4. If they do not agree then send a legal notice;
5. Consult a local lawyer and take steps.
The car parking space cannot be sold even by the society, hence the one in the past cannot be counted as valid especially when the building is going for redevelopment, however you can raise this issue in the general body meeting and record your objection for whatever worth it may be.
You can even contemplate legal action through consumer forum against the society for deficiency in service to put pressure on the society.
You cannot claim this parking in new building plan.
After redevelopment society is at liberty for reallotment of car parking to members of the society.
But if you want your parking benefit to continue after redevelopment make an agreement with society before vacating your premises.
