I had purchased a 3 BHK flat in 2011 from secondary market. It has been observed from the original agreement signed with the buyer that the builder had allotted one car parking space along with the said flat.
Similarly, car parking were allotted for all other flats also, needless to say on payment(although not mentioned anywhere), by the builder in the said project. It has also been observed that parkings were also allotted subsequent to the registration of agreements. The said allotment was not done in proportion to the carpet area of the flats sold which resulted in allotment of one parking for a 3 BHK and in many cases more than 3 parkings for the smaller flats. The said allotment of car parking space was registered, alongwith the agreement with the buyer, at the Registrar of Societies. The said arrangement was handed over to Society by the builder upon the formation of Society. The conveyance of the land is yet to take place. Subsequent to its formation, the Society has not reallocated the parking space to the members.
On seeking an additional parking slot from the society, the MC refused to accede to the request and provided an explanation that the car parking were allotted by the builder and MC has not allotted any car parking and have no schedule to disturb the allocated parking spaces to avoid chaos and discontentment amongst the members of the society.
Since the undersigned, had 2 cars the undersigned parked the second car in an area which was not obstructing anybody in any manner.
However, MC levied a penalty of more than Rs. 1 lac on the undersigned citing a resolution of General body that a car parked anywhere other than the allotted car park (by the builder) shall be penalised @Rs 500 per day.
In light of the above, I request you for your valuable opinion on the following;
1) Whether the Society has jurisdiction over the parking spaces and can levy a penalty even when the conveyance is yet to take place. Whether a penalty of Rs. 500 per day is justified and can be charged?
2) The legal sanctity of allocation of car parking spaces by the builder in view of Supreme Court order of 2010. Whether the Society is bound to follow the parking allotment done by the builder? What action can be taken against the builder for allocating the parking spaces and getting is registered in the agreement?
3) The managing committee has levied the penalty without issuing notice and giving hearing. Whether the same can be done?
4) We told the managing committee of the illegality of the allotment done by the builder and requested them to reallocate the parking spaces. Whether the managing committee can ignore the request without taking the request to the General Body Meeting? What action can be taken against the managing committee?