Where there is less parking slots and more flat owners allotment of car parking slots has to be done by drawing of lots on annual basis
issue legal notice to society to alott you parking slot
Sir I am purchased a single bed room flat in apartment in 2015 August. Totally 6 flats in that apartment. 2 single and 4 double bed rooms. For 4 double bed rooms, he provided car parking and mentioned in agreement also. For single bed room he shown place for bike parking not mentioned in agreement. Now he is saying this is common place. How can I handle this issue. Pls suggest
Where there is less parking slots and more flat owners allotment of car parking slots has to be done by drawing of lots on annual basis
issue legal notice to society to alott you parking slot
Parking space for bike is not mandatorily to be provided by the developer.
Therefore unless and until through sale agreement or sale deed you purchase the parking space as well you can not use any space in the premises without the consent of flat owners to park your twi wheeler.
So either purchase the parking space or park elsewhere.
1. We have to look into the agreement of sale and the absolute sale deed in your favour to find out, what has been mentioned in these deeds and to know, whether a separate earmarked designated parking space provided to you or not.
2. In case there is a clear mention of designated parking space, then you have every right to defend your right.
3. As per sanctioned plan, the developer has to provide parking space, if not for a 4-wheeler atleast for a 2-wheeler.
4. Check the sanctioned plan and find out the parking space marked there and when once it's confirmed that you are entitled to 2-wheeler parking, send a legal notice to the developer/association of apartment owners to provide you the parking space.
5. Still status quo, then complain about this matter to the jurisdictional Registrar of Co-operative Society and request for his intervention in the matter to resolve your parking issue.
Thank you.
- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area
- Further, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the developer, and can get refund from the builder legally.
- Further, a builder has no right to sell car parking or bike parking, both of which are part of common amenities. , and only the RWA could make the allotment of space to flat occupiers.
- Hence, legally the said builder cannot mention in the agreement and allot the same to any flat owner .
- You can file a complaint against the builder before the consumer court on the ground of deficiency services .
- However before filing , you can send him a legal notice.
For common area parking place are selected on first come first basis. So kindly ask society or association to adjust two wheeler parking space accordingly.
You can issue prior letter/ notice to management asking them to provide the parking space for vehicle and further whatever they reply you can initiate action as per expert advice
The parking space cannot be sold.
Moreover allotment of parking space for two wheelers is not in conditions of sale agreement nor it would find a mention in the registered sale deed.
If he has allotted common space for parking your two wheeler, what else is your problem.
If you had paid for the bike parking then they have to give it to you. If they are denying it then send a legal notice to them. If they do not respond then file a complaint case against them in the consumer forum immediately for deficiency in services and unfair trade practices.
Every portion of open parking is for common use. Mentioning in the agreement dose not give any exclusive right.
Serve him with a legal notice and than file a specific performance suit against him for providing a parking space
Dear Sir/Madam,
It is suggested that you are to claim the bike parking and in the common area, you will be parking the bikes.
1. You can say that bike can be parked in common space if no specific area is provided by builder or developer.
2. If builder doesn't agree for this then file case before consumer forum against builder.