• Allotted parking issue

Hi myself hitesh,

I have recently purchased a flat where my builder has told to give space for maximum of one car and two scooter, and he has marked area in parking accordingly with my flat number. 

Since I do not have any car, I was parking my four scooters in in my own parking slot.

Now society president is forcing me to limit vehicles from four to three only irrespective of space available and asking me to park my fourth vehicle outside society. This is unfair since I am parking in my allotted area and not harrassing anyone.
Asked 8 months ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

1) You are entitled to park 2 scooters on your bike  parking slot 

 

2) in your car parking slot you can park your car .if you don’t have car you can park your additional scooters in said slot 

 

3) society should adopt a practical approach rather than harassing flat owners 

 

4) take the plea that parking of scooters in your car parking slot does  not violate any law as slot is sufficient to park 2 scooters 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

You can park in our own space as you are paying for the same 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

The society has got no reasons to object you parking your own vehicles in the parking space allotted to you.

You can inform society that this parking space is allotted to you and you you are parking your own vehicles whether it is car or scooters.

Since you are not occupying other member's space, the society cannot object to this.

Despite this if the society is still objecting you may resort to legal action either by filing an injunction suit to restrain the society to stop harassing you on this or approach consumer commission with your grievances as a complaint and obtain an order of restrain and compensation for this deficiency in service. 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 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 stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.

- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members. 

- If the builder has issued an Allotment Letter to you for the said parking then the society cannot refuse for using the said area as per your own wish 

- You can file a complaint against the society before the consumer forum 

- Further, you can also file a suit for Injunction before the civil court for restraining the society to use the said parking.

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Send letter to builder to furnish allotment letter for parking 

 

rely upon correspondence if any exchanged with builder in this regard 

 

I’f society is formed ask society to allot you parking slot 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

How did you occupy the parking space even before getting possession letter and allotment letter for sparking space.

Since the builder is yet to give the allotment letter, you wait for it and then you can exercise your rights over the parking space.

You insist on the builder to give the allotment letter immediately in order to stop the society to harass you anymore on this.

 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

You can approach consumer court if they deny allotment letter to you 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

- If the builder deny for issuing an Allotment letter to you, then you can approach the Consumer forum against the builder , and therein you can claim harassment cost as well. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear Client,

As you have not received the possession letter for the home so it difficult  to attain.

Anyways you can approach a lawyer and issue a legal notice to society regarding your queries.

You can use the video of parking and the name plate of your flat in parking area as proof while stating Legal Notice

 

Thank You

 

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

Dear client I am sorry to hear that what in this case you can go I don't talk to the manager of the society or someone who is in higher position

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

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