• 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 2 years ago in Property Law from Kalyan, Maharashtra
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

 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.
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

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 
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

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. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer