Parking allotment as per agreement wording
Builder is allotting the parking based on lottery. The agreement has multiple version with respect to allotted parking statement.
1st version : allotted parking facility in the open area/stilt area/stack area/covered area.
All option except Covered area is strikeout which means only fourth option applicable as per my understanding.
2nd version: allotted parking facility in covered area.
I had agreement as per 1st version. I got stack parking allotted as per lottery. Is this valid as I am not liable for stack to be allotted. However I contended my case with builder later but they say it's covered and you have to take it and nothing further can be done.
I wanted to know do I have other option to exercise my legal right by moving into consumer court.
Asked 9 months ago in Property Law from Thane, Maharashtra
1) builder cannot sell car parking slots but can allot car parking slots
2) car parking slots form part of common areas of society
3) once society is formed it can change the car parking slots allotted by builder
4)even if you go to consumer forum you woukd not get any reliefs
Well, though you are bound by the terms of the agreement , the allotment of parking space by draw of lots is invalid if the parking spaces re difference in nature.
So in your case different types of parking spaces are allotted which are not permissible and hence aggrieved persons can seek remedy by filing case before the consume forum.
If the allotment of car parking is by drawing of lots and has been mandated as a rule in the resolution passed by the society, you have no option than to accept the allotment accordingly.
Since only the covered parking can be allotted as per the first version you can be given covered parking only. If the builder deviates from this he can be successfully sued in the consumer forum. Consult a lawyer with a copy of the agreement.
Thanks for the response. To add to this further I need some clarification which will help me to decide upon future response.
Society/Federation is yet to be formed as there are other towers waiting for OC. Since all the apartment in my building is fully sold hence builder has done the lottery. In my understanding I can challenge the process of lottery by builder as there was lack of transparency. Different type of parking was combined and no one was aware if proper no of lower stack and stilt no. were there. If there are possibility of challenging where should I challenge ?
All parking have either shed or permanent roof which can be considered as covered but as per 1st version of agreement neither stilt nor stack eligible but other covered area should have to be considered. Is my understanding correct ! If not how this can be challenged.
Asked 9 months ago
in case you desire to challenge the allotment of parking slots you have to move consumer forum against the builder
you are entailed for allotment of covered car parking slot as per your agreement /with the builder
The allotment of parking space shall be done by the society after it is formed. The builder cannot do this, he has to handover possession of the flats to its owner and the master plan to the association. Even if the builder is allotting the parking space, the association after formation can re-allot the same as per the rules meant for this purpose.
Your doubts and grievances on the builder's act can be clarified with him in person and if you dont get proper response, you may issue a legal notice venting out your grievance and demand reply as well as relief from the builder quoting relevant rules.
You can consult a local lawyer in this regard and initiate proper legal action as and when necessary.
1. It can be challenged in the civil court. Arbitrariness in allotment of parking vitiates the entire allotment process, hence a ground on which it can be set aside by the court.
2. The agreement has to be perused to ascertain if your understanding is correct or not.