Recently I bought a house in a society of Dwarka. Somehow I missed to check the allocated parking space which came along with that flat. After the purchase I found that my allocated parking space has not sufficient entrance space to enter my car. Now for this I cannot fight with previous owner as I should have been more careful, but now in this society parking is big problem as society has sold stilt parking to some of the owners and the open parking space is not sufficient so I m in big fix over this. The whole charm of buying a new house has gone way down. Do you guys think I can get any other space from society instead of this space.
It is your fault while buying the proeprty not to check the parking space.
However do refer to the sale deed with regard to area and space meant for parking your caR.
If in reality you are not getting what has been mentioned in the sale deed then you can seek legal recourse from consumer forum to properly park your car and compensation as well.
1) if number of slots are less than number of members society can allot car parking slots by drawing of lots
2) make representation to society to allot you car parking slot as slot is too small for parking of your car
This is something that you should have taken care of before purchasing the property as the doctrine of buyer beware would now prevent you from suing the seller or society. It is only through negotiations and persuasion skills that you can get alternate parking space.
The parking space cannot be sold either by the builder or the society, as per law in this regard.
Supreme Court ruled that developers cannot sell parking spaces as independent real-estate units. The court ruled that parking areas are 'common areas and 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.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”
The apartment complex “Solely” owns the common spaces (Stilt or Open)
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members.
Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.
Parking spaces are common areas and hence deposit cannot be collected even if it is passed in the General Body Meeting. MCS Rule 39 restricts these rights of society to raise funds.
You may represent to the society in writing about this and seek solution t this, if you are not satisfied with their reply or action, you may plan to initite legal process to get relief,
