Parking allotment by builder and society's approval for the same
In my society ,builder has sold stilt parking and issued allotment letter to the purchaser at the time of society formation.During the formation of society , members who had purchased car parking became Managing committee members (MC) and have not done any allotment of parking expect for making parking rules and levied parking charges. During the bifurcation of property tax of flats from combine, society have also transferred the stilt property tax to irrespective member whom had purchased and have allotment letter ,thus giving a document of ownership. I had objected for this transfer of property tax as well as requested to the society to do allotment for stilt as well as for open car parking as per the rules laid down in bye laws. MC had not listen and matter was taken in the AGM about allotment from builders and subsequently transfer of property tax Since all managing committee members had purchased car parking from builder thus have self interest in it . In the AGM , MC denied for the fresh allotment . They mentioned member had purchased parking from builder and allotment is done by builder. This is accepted by society . If any member have any issue or dispute then he shall have to approach to the builder and not to the society . The society have accepted builder allotments and will not entertain any complaints regarding this.
Since Builder have not giving any offer to me to purchase parking from him and have not issue any other documents which give evidence that builder had sold parking to flat purchasers. As per the MCS act , Builder is Trustee and during custody of building ,he may give allotment of parking for use till society form. It is the society who have to do allotment of common space as per the bye laws after taking handover from builder. Since MC member owned parking ,they will not allow as well as restrain for the fresh allotment as per bye law.
My question is,How I can compel MC /society to do fresh allotment for parking space as per bye laws ?? By which Law ?? Where to approach ?? How to approach ??
which are right process to follow from the beginning so that Law should prevails at minimum time period ??
This is not my society issue but 99 % societies issue in Mumbai . Builders sell and people buys parking space where everyone knows that it is illegal. No documents is given except allotment letter.
Please suggest me ,guide me . We all have to change this system or change law so that there should no confusion.
Asked 8 years ago in Property Law
Religion: Hindu
Info 1. Builder sold parking space and given allotment letter before formation of society.
2. After allotment ,it has put the flat numbers to respective parking lots.
Questions
1. Since society did not followed rules mentioned in Bye laws, we cannot approach to Deputy Registrar to direct/compel society to follow proper process as per bye laws and conduct fresh allotment.??
2. Any other than co-operative court ??
3. Min and max time period to get judgement ??
4. Cost involve to file case in co-operative court. ??
5. Does Advocate is required to represent case ?? or we can represent the case ( Non -Law person) ??
6. Documents needed to file case in court.??
7. We can file case against builder for issuing allotment letter / showing favourism to selected buyers ?? if yes then under which Act.
8. Any reference case in which a member had approach to co-operative court against Society for allotment of parking and got judgement in his favour.
9. Similar reference which can be use to prepare our case or guiding reference.
Asked 8 years ago