• Parking Allotment letter from builder not accepted by Building Society

Dear Sir,

We are in Pune. We had received allotment letter for covered parking from builder after the sale deed was done and before society formation. Now the Soceity is saying this allotment letter is not valid and we have not right to the parking after 22 years. We had bought the flat on 2000 and was using the parking for all these years. 

Pls advise our course of action. 

Best Regards,

Moncy Varghese
Asked 2 months ago in Consumer Law

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9 Answers

You have not been sold car parking slots but only allotted car parking slot 

 

society is at liberty to reallot the car parking slot

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

builder could not have sold open parking slot to you 

 

2)the record states that parking slot allotted to you 

 

3) it cannot be changed now into sale 

 

4) society cannot arbitrarily cancel your allotment but keep other allotments made by builder 

 

5) ask the society to give in writing what action it has taken against other allotted parking spots 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

The society cannot wake up from sleep after 22 years period ion this issue.

If the acts of society is aggrieving you then you can first issue a legal notice through your lawyer questioning their authority for indulging in such undesirable activities at this stage and instruct them to refrain from taking any action in this regard failing which you can inform them that you would be constrained to initiate suitable legal actions against them over this illegal act.

After that you can proceed legally against the society including seeking relief through consumer forum.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

If the society has got any grievance against the builder the society cannot take vengeful actions against the owner/members of the society.

Thus the society cannot drag the owners of the flat into the controversy between them, if at all the society is still doing any injustice or not accepting the parking allotted by the builder, you can file a suit for permanent injunction against the society to restrain them from taking any such action which would be detrimental to your interests. 

You can discuss with your lawyer on all such further issues. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Allotment letter receive from builder can be regularized even now through registration by paying additional stamp duty by way of penalty referring to the sale deed of property, date of registration and number of document. You can obtain such details from the office of sub-registrar. Even than if society obstructs you, approach civil Court for perpetual injunction against Society.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

If the same is as per rera regulations then society is duty bound to accept it. File consumer complaint

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

No one can claim exclusive parking right in an apartment complex. Parking lots come under the definition of 'common areas' meant for the common use and enjoyment of all the residents. The allotment letter or any clause in the sale deed for an exclusive parking space is not legally valid.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

unfortunately under the MOFA regime covered parking could not be sold by the builder 

even the Supreme Court in the case of Nahalchand Laloochand has held that 

so even if the builder had issued you an allotment letter or is willing to make a supplementary agreement, that will not help you

under MOFA covered parking comes under the common areas which belongs to the society

it does not matter if there is an allotment letter in your favour and that the society had not raised this issue for the last 22 years

firstly the allotment letter is void as covered parking could not be sold by the builder in the first place

so passage of time will not give any sanctity to such allotment letter when the act which it recorded was itself illegal

if the society is only targeting you when there are other members also who hold an allotment letter then you will have to write to the Dy. Registrar of Co-operative societies and if that officer is not able to help you or even if he does and the society does not comply with his order, then you will have to file a dispute case in the co-operative court 

also you will have to file a suit against the builder for recovering the money with interest from him for having sold the parking space illegally to you when the law prohibits the same

the builder will try to stultify your suit by contending that it is barred by law , but then you can resist that by saying that your cause of action to file the suit against him began only when the society created issue regarding the parking 

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

Dear Client,

If you are aggrieved by the allotment of parking space, you can talk to the association about this and request to allot a different space.

Allotment by builder is valid. Society can set aside allotment of car parking slots done by builder.

The builder cannot change the boundaries and location of parking place after execution of sale deed in your favour.

You may seek a direction from the Civil Court to the builder to retain same parking place for you as stated in the Sale Deed.

The terms and conditions contained in that Conveyance Deed will take precedence, hence it is vital to check whether that Conveyance Deed contains such provisions.

You have good chances to establish your right on the basis of the allotment letter.

In case the Builders Agreement / Construction Agreement (without mentioning about the car parking) has already been registered, a Supplemental Agreement for rectifying the defect may be entered into by and between you and the Promoter / Builder and the same be registered. Even if no registration is required, such a Supplemental Agreement with details will render a permanent solution. This may be in addition to the Allotment Letter, as usual.

Parking allotment letter is between you and builder, it dose have legal value.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

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