• Bike parking in apartment

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
Asked 3 years ago in Property Law
Religion: Muslim

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14 Answers

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 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You need to file complaint against the builder before consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Every portion of open parking is for common use. Mentioning in the agreement dose not give any exclusive right.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Serve him with a legal notice and than file a specific performance suit against him for providing a parking space 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No owner or resident can legally claim exclusive vehicle parking right in any apartment complex, as parking space comes under the definition of common areas which are reserved for common enjoyment. You have to resolve the issue only on the basis of dialogue and compromise.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

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