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 in Property Law from Kalyan, Maharashtra
1)you have not mentioned when car parking slots were sold by the builder and allotment letters issued . as per SC judgement builder has no powers to sell car parking slots
2) you have to move cooperative curt against the society to direct society to allot car parking slots as per the bye laws
3) before you move cooperative court contact a local lawyer and issue legal notice to society to allot car parking slots as per the bye laws
In a significant order, a consumer forum has ruled that a parking space that comes with a flat cannot be sold by the builder to a party that has not purchased the flat. The forum on Monday, directed Royal Palms (India) Pvt Ltd to pay a Juhu-based couple Rs 5 lakh as compensation for not handing over a parking space along with the flat the couple had purchased in a Goregaon complex in 2006. "Handing over possession of the parking space along with the flat is binding on the developer," said the Mumbai Suburban District Consumer Disputes Redressal Forum.
It added that the parking space reserved for flat owners also can't be sold by the builder to anyone else. "A developer cannot sell anything other than unsold flats in a building," the forum observed.
A Bench of Justices of Supreme court in a judgement rejected the argument of a real estate development company that they are entitled to sell garages/stilt parking areas as separate flats to owners who intend to use it as parking facilities.
..."The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
The Supreme Court ruling means that the developers of residential apartments or commercial buildings must hand the parking areas over to the management organisation (such as the 'housing society').
However, the news reports on the ruling do NOT suggest that the Court has forbidden unbundling altogether.
Building management committees (but NOT the developers) can still unbundle parking and charge for it if they choose to. I think such committees will find that charging/unbundling is a useful way to manage conflict over their on-site parking.
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.
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 1 year ago
1) deputy registrar will not interfere and direct you to move cooperative court
2) disposal of case would depend upon pendency of cases in the cooperative court
3) litigation fees vary
4)it is better you engage a lawyer although you can appear in person if you so desire
5)allotment letters issued by builder , correspondence exchanged with society , minutes ofAGM wherein issue was raised by you
6) you have to file case against society and make builder a party to the suit
7) you can rely upon Sc judgement wherein it has been held that builder cannot sell car parking slots as it forms part of common area
1. It is the society and not the builder which is liable for not complying with the bye laws.
2. The remedy available to the aggrieved members is to file a lawsuit for direction to the society to honour the bye laws and make the allotment in accordance therewith.
3. Unless the exact pendency of cases in the court is known it is not possible to give even a tenative time frame for the disposal of the case.
4. The cost involved will be the fee of your lawyer whom you require for the filing and prosecution of your case. Instead of filing an individual lawsuit all the aggrieved members can collectively file the case.