Dear All Experts , Greetings I have been allocated covered parking half foot near to electric meters and MCBs zone for building, which is hazardous and blocking electric supply mains is explained to builder , as per in agreement it is mentioend that parking to be allocated to us on basement which he allocated to me on ground floor near to electric area , also it is mentioend that parking it will be allocated first come first serve basis which i dont understood , I have already requested builder he is asking me to move to open parking instead of covered parking ,where every one else got covered parking in basement except few of us ....how i should take it up the matter as per by law so he would allocate me parking in basement or somewhere in the covered area.
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issue legal notice to builder to allot you parking slot in basement area as per terms of your agreement
2) mention existing parking slot is next to electric meters which is hazardous
3) if he refuses file complaint against builder before consumer forum seek orders to direct builder provide basement parking slot
See you can issue a notice and make.representstion before builder if the society is not formed as per promise made and agreed terms. If on notice they fail to allocate proper parking file a consumer court for seeking direction of allocation of proper parking and expenses for mental torture and litigation.
Hi
You can file a complaint in the consumer court for your problem.
Initiate the process by sending a legal notice to the builder through your lawyer.
Thanks
Dear Sir,
The following information may kindly be read:
Car Parking in Co-operative Housing Society.
I have attempted to give some information on the subject of parking i.e. open space or stilt parking in a Co-operative Housing Society. The new Standard Bye Laws for flat owners purchase type societies have given effect to certain legal position after the judgment of the apex court in August 2010. The concept of common area, stilt, open space, closed garage etc. have been given relevant meaning in the judgment. The most important aspect is that the common areas in the society cannot be sold by the Builder / Developer. Such sale can be challenged by a society. The standard Bye Laws for the flat purchasers Co-operative Housing Society have been amended recently. Bye Laws 78 refers to allotment of parking in open space and in stilt area in a Cooperative Housing Society. The Bye Law 78 has two clauses i.e. clause (a) and clause (b). My understanding is that clause (a) refers to the allotment by builder/developer clause (b) made by society to its Member does not give any right to such Member to sell or transfer the said allotted parking / stilt to anybody. Other provisions relating to parking in a Co-operative Housing Society are summarized here under. 1. Available parking spaces may be allotted by the managing committee of the society on first come first served basis to its members. 2. The member who has been allotted the parking space by the society shall have no right to sell or transfer the parking space to anybody. 3. A member who has been allotted the parking space by the Builder/developer shall have the right:- a. To utilize the parking for the purpose of parking his vehicle and cannot change the user of the same. b. To allow temporarily to park vehicle by other person as he may desire. c. Can transfer the parking space with his flat to the transferee of the flat. Page | 2 Page 2 of 3 d. To transfer the parking space to any other eligible member of the society. 4. A society needs to mark and number the parking space available in society in its common area in a manner that does not inconvenience other members. 5. The Managing Committee shall make sure that the Members who have been allotted parking by it, use the same for the purpose of parking of their vehicle and not for any other purpose. 6. A member who has the motor vehicle is only eligible to be allotted the parking space by Society. 7. The Member who has been allotted the parking space by society has no right to change the user as well as allow some other person the temporary use of the parking space allotted to him. 8. The Society shall allot the parking space to the members only if such member has a four wheeler. 9. Normally a Member shall not be eligible for allotment of more than one parking space. However, if any parking space remains un-allotted for want of application for allotment of the additional parking space, may be allotted to a member. Such allotment of additional parking shall only be made on year to year basis, provided the same is not required by another member who has not been allotted even a single parking space. 10. The Managing Committee shall draw the lot for allotment of parking if the demand is more than availability. 11. The General Body of the society shall decide the parking charges for the four wheelers as well as the other vehicles. The charges may be different for first allotment and for additional allotments. 12. It is not necessary for a Co-operative Housing Society to allow the use of the parking space allotted to its member to his licensee or caretaker. The object of the society is to give facilities to its members but it cannot be required to facilitate giving premises on leave and license. Page | 3 Page 3 of 3 13. The member who has been allotted the parking shall be liable to pay the charges to the society irrespective of whether he has parked the vehicle for a particular period or not. 14. A member desiring to have a parking space should make an application to the Hon. Secretary of the Society giving details of vehicles and other details as may have been decided by the General Body of the Society. 15. The Hon. Secretary shall follow the procedure prescribed under the Bye-laws for disposal of the application for allotment of the parking space. 16. Every member having two wheelers and three wheelers shall have to take prior permission of the committee to park his/her vehicles in the compound of the building of the society. Such member has to pay the charges decided by the General Body for parking such vehicles.
Mam Netravathi, my question is i am facing issue of allocated parking in electric area mains area of building just half foot near by which I asked him to be shifted as per the offer given to me he asked me to move to open area where visitors parked to be allocated but issue is that in agreement it was told to me that parking will be allocated to basement in which my case it is not allocated.
Issue legal notice to builder as mentioned herein above
contact local lawyer for issue of legal notice
Complain to RERA. Clear violation offer by builder. Consumer complaint is another remedy for compensation.
See in agreement it is specifically agreed then you can claim same if builder fails to provide it , it is default on there part.
If it's mentioned in the agreement that builder is going to allot the parking in the basement than you have to stick to your points as per agreement.
If there is additional space you can tell him to allot you other parking space and exchange the same. Otherwise you need to go to consumer court and take order from them.
If you already requested to builder allot another parking,then issue a legal notice through an advocate and mention alloted parking is in danger zone area reallot any alternate slot within 15 days from the date of receipt of the notice. If he failed then file complaint before district consumer forum court will give direction to builder to reallot other parking.
The covered parking area near the electricity MCB zones or meters is also a parking space which the builder is obliged to provide to the owners of the flat.
If he had allot the parking space, the builder has to allot the same which is allotted to you to somebody if you reject this.
In fact if the space allotted to you is rejected by you then you may have to accept the alternate open parking space which is available.
You cannot take any legal action against it if there is no other space available in the covered space.
The first come first basis means the people who have purchased the flats and been allotted to them before you are called as first come.
If you want to take legal action against the builder then you can issue a legal notice to him stating that the parking space allotted to you is hazardous or precarious because of the electric MCB zone and electric meters in the parking space, hence to allot you with the space in a safer place.
Let him give a reply after which you can decide about further legal course of action.
If you have the deed in which it is mentioned that the parking area will be allotted to you in the basement area as per the sale deed, then you can fight for it legally, whereas the oral assurance may not help you to maintain any legal case in this regard.
1. You can send a notice to builder for allotment of parking space in basement or covered Parking as per agreement and it should be at safe distance from electric fitting.
2. If he refuse to provide you parking space as per agreement then you can file case in consumer forum against builder.
