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Can Car Parking be taken away once allotted to user
03-Oct-2023 (In Civil Law)
Hi, The project that I live in has 4 sectors, of which 2 sectors are sold (1500 odd flats) 3rd and 4th under construction. In my sector there are 11 bldgs and each bldg is being formed into a CHS (60 flats each). The plan is that all societies will roll in into an association/federation/apex body. This body will manage the club house, gym, park and common areas. Now I have bought an 1000 sq ft flat with car parking, the car parking is podium parking and there in my Index 2 and map of the parking with my parking marked is also included in the registered agreement. The podium is also where all the club house/amenities are and managed by builder. Also the conveyance deed is not yet given as the full project has one approved plan with 4 sectors and will take another 6-7 years to complete. Now there are many flat owners who did not buy parking and are saying that all parking will be reallotted. Can this really happen and can my car parking be taken away from me though i have paid?
Dear querist
Out of the facts narrated by you, we can assume that you had purchased podium car parking from builder which is also reflected in your registered agreement.
According to bye laws, car parking spaces can be alloted by society and they cannot be purchased from builder. This is a settled provision by supreme court in panchali society matter. Despite of the said ruling many developers are selling car parking spaces to buyers which is not tenable in law.
Process of car parking allotment is , lottery system will be adopted by society for alloting parking spaces and allotment letters will be given to applicable members by society and parking charges that can be collected from the members will be decided by society's general body.
Solution to your query lies in filing consumer complaint against developer who sold parking space to you and get your amount paid towards parking space reimbursed from developer. Arrangement between your good selves and developer cannot be binding on society
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Adv. Vinit Jignesh Mehta
Adv. Vinit Jignesh Mehta
Mumbai | 25+ Answers
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Dear Sir/Madam,
Since the car parking is allotted to you by the builder, you can urge that you have been allotted the parking by the builder and take up the issue with the builder, if the members create any issue/obstruction. Under the model rules of Maharashtra Co-operative Societies Act, the Society has the power to regulate the car parkings of the Society.
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Adv. Mohammed Zain Khan
Adv. Mohammed Zain Khan
Mumbai | 100+ Answers
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No they can't do it. since it is allotted to you with out your consent they can't take it back. also it is mentioned in the sale deed draft indicating its location in the town planing map. Hence builder can't do it.
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Adv. Bharat Pandirao Pawar
Adv. Bharat Pandirao Pawar
Pune | 25+ Answers
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