1) Builder has sold open Parking Space that too above water Tank, which is prohibited as per DCR, and who has purchased or got free from Builder and they are fighting with other flat members, purposely knowing that builder has cheated to them, with no receipt of parking amount to them.(Parking above Tank is illegal). can we take action on flat members, as their is no society. 2) Builder is not forming Society purposely and kept his security and unnecessarily who harrassas us, but as per MOEFA, all the water charges, Asst.Tax to be borne by Builders till OC and Society Handover Both. 3) what action can be taken against builders as well as such parking owners, and what will be the cost for such litigation. (Building is in Kurla-E Mumbai)
RERA order is been passed against builder,for obtaining OC in just 2 months, and asked him to form society and handover both, in judgment RERA has accepted our prayers for illegal parking sale, by mentioning Nahalchand/Panchali Case of Supreme Court, in the Order but did not give any directions to builder.
1) since you have already filed complaint against builder and RERA has directed builder to obtain OC and form society wait for expiry of 2 months
2) if builder fails to comply with RERA orders take out execution proceedings against builder
3) on formation of society you can set aside allotment of car parking slots done by builder .
4) builder cannot sell open car parking slots as it forms part of common area for benfit of all members
As an individual you cannot take any action on them until and unless you are directly affected by such an illegal act of the other member, you may arrange to form a society or you may ask the affected party to take legal action to remove the parking space which is located over the water tank.
a Co-operative Society can be formed even if the builder does not co-operative. In such a situation a notice should be issued to the builder. ... The consent of a minimum of 60% of the total number of flat purchasers is required to form a Co-operative Housing Society
The Maharashtra State Consumer Disputes Redressal Commission recently held that a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. The commission ruled that only the housing society's general body could make the allotment of space to flat occupiers.
Parking spaces allotted by the builder cannot be dissolved by the society. ... Yes, once a society is formed, it can make the rules accordingly and can re-allot the parking space to the flat owners as per rules. The allotment letter issued by the builder is not binding on the society to make byelaws in this regard.
You may file an application to execute the orders passed by RERA before the same legal forum.
They can execute action to implement the orders passed by them.
act as mentioned herein above
Any 7 members can form the society. No need of builder. And parking on water tank will Sewage. Complain to police.
And till OC no obtain, no charges payable to builder.
Open car parks cannot be sold
It belongs to society and forms part of it's common areas
All the sales of open car parks made by builder are not binding on society or other flat purchasers
The flat purchasers who paid the builder for buying the open car park spaces cannot claim any relief against the other flat buyers and the society when formed
Theor relief lies against the builder for recovery of their money illegally collected by builder
If the builder is not forming society then under MOFA and societies act, the flat buyers can come together and form a society
If there is a Rera order against the builder which he has not complied then the flat buyers can file a civil contempt against the builder in high court
Builder cannot delay registering conveyance deed in favor of society of flat buyers when OC is issued and all flat buyers are put in possession. The flat buyers can form a society and apply to the registrar for grant of deemed conveyance order against the builder
You can file consumer complaint against builder or also go to rera. You can also file criminal complaint aa per MOFA.
1. Firstly get the Society Registered and subsequently allot "rotational parking" as per the CHS Bye-laws, in a duly called General Body (GB) meeting via Notice-Agenda-Resolution. This will negativate the builder allotted parking spaces. There are no charges for the same. IF the GB members refuse to honor or pass this resolution, THEN nothing legally can be done.
2. Buyer of Parking slots CANNOT be prosecuted under any manner. VISIT:
Since case is already fined and RERA directed Builder to obtain OC in 2 months, wait till completion of said 2 months period.
If he fails to complete the formalities, then initiate proceedings for execution of the Decree.
Builder cannot sell open parking space, you can get it cancelled by filing case.
If the order of real estate regulatory authority is not completed by the Builder by farming society and complain to the other orders you can appeal in rera Tribunal against the the Builder for execution you can go back to rera as well in case you do not wish to Tribunal for execution.
You shall have to file a consumer complaint against the builder.
You can register cooperative society without the builder as well. You need 60% of total members to register a society.
You may file Execution petition against builder before same court.
1. Yes you can file complaint with RERA against builder and flat owner to which the Parking space was alloted above water tank.
2. If builder is not forming society then residents can gather an apply for formation of society.
3. Cost of litigation will depend on the advocate you engage for your case.
