• Stilt parking ownership in co-operative society

I purchased a 2BHK flat from builder in the year Nov 2004 which has a stilt parking allotted for which I paid additional amount. The parking area is learly shown and mentioned in the registered document. 
The society refuses to accept this and has clearly mentioned that the stilt parking is a common area belonging to the society. I have sent society office complaint letters in this regard. In Feb 2014 they have given a letter mentioning that the parking space alloted is encroachment to the society and does not accept the allotment done by the builder.

My questions is 
1. If I have the right to the parking space, Can I approach the registrar office to file the complain against the society and get back the parking space ownership?
2. If I cannot have the right to space then, Can I approach the consumer court or high court against the builder to refund back the money.
Asked 2 years ago in Property Law from Navi Mumbai, Maharashtra
1) society is justified in its approach . stilt parking forms part of common area of the society . builder has no powers to sell the car parking slot to you . 

2) complain to registrar wont result in grant of ownership of parking  slot to you . 
3) you can move consumer forum against the builder and ask for refund of money paid for purchase of stilt parking slot with interest . also seek compensation against the builder
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Builders can not sell stilt parking areas – Supreme Court

In a recent case of an argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities, a bench of Justices A K Patnaik and R M Lodha of Supreme Court, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners.

The court passed the judgment while dismissing the appeal of the promoter, Nahalchand Laloochand Pvt Ltd, who challenged the Bombay high court’s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garages. The apex court accepted the argument of the flat owners of Panchali Co-operative Society in Dahisar (E) that even if they had entered into any prior agreement or contract with the builder that they would not lay any claim on the parking areas, the same would not have any legal sanctity.

the court also disclaimed the appeal of the promoter that by treating these parking spaces as common areas, every flat purchaser in any case will have to bear proportionate cost for the same even if he may not be interested in such parking space at all.

Justice Lodha wrote in the judgment that the promoter has no right to sell any portion of such building which is not a ‘flat’ within the meaning of Section 2(A-1) and the entire land and building has to be conveyed to the organization. The only right that remains with the promoter is to sell unsold flats. Thus, it is clear that the promoter has no right to sell stilt parking spaces as these are neither flats nor apartments or attachments to a flat.

It is necessary for a promoter to fully disclose the common areas and facilities. Stilt parking spaces are usually not described as the part of the common areas. The same as such does not appear in the advertisement and agreement with the flat purchaser.

So far the said promoter is not put to any prejudice financially by treating openparking space/stilt parking space as part of common areas since he is entitled to charge a price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat,” the apex court said
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Hello,
The best option you have is to file a case in the cosumer foum against the builder for deficiency of service as he has sold to you stilt parking that he had no authority to sell to you.
You can seek the refund of the money paid with interest and a compensation.
The society is right in their stand as the stilt parking falls under common area to which all members have equal access.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1.no.

2.no, now ur case to get refund of money for parking space from builder is time barred as per limitation act.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. The Society is right,

2. Stilt Parking is the common area,

3. This matter has been widely argued in various Courts and the Apex Court has already given clear judgment stating that stilt parking space is part of common area,

4. The builder has fraudulently sold you the said Stilt parking space which is part of common area,

5. File a complaint case before your local District Consumer Dispute Redressal Forum alleging unfair business practice claiming refund of the amount taken from you while illegally selling the said Stilt parking space with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
The builder has fraudulently and illegally sold you  Stilt parking space which is part of common area and hence he can not sell. Now,file a complaint case before Consumer Forum for unfair business practice claiming refund of the amount taken from you for selling stilt parking space with interest, damage  for harassment etc.and also claim costs.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
You can negotiate and sell the issue or else file a writ against the same in the high court and to give direction to the society
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
A. Since stilt area has come under common area of the society that your claim not accepted by the society.

B. The builder has no right to sell the car parking slot because of this common area belonging to all (Society).

C. You can approach the Consumer Forum against the builder to pay the compensation towards the parking slot.

D. You can approach the Registrar or Court to give direction to the society to use common area for parking as a member.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Hi, issue legal notice first and approach consumer court for refund of the amount from the builder.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The stand of the society is legally right. Stilt parking forms a part of the common area, and thus cannot be sold by the builder.

2. Builder had nor right to sell the slit parking to you. By selling it he has committed fraud.

3. The legal remedy available to you is to move the consumer forum and claim the refund of the amount you paid the to the builder towards the sale of parking area and also damages and cost.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0