Alloted parking in a society building
George Lobo
(Querist) 31 August 2015
This query is : Resolved
I had purchased a flat in 2005 and the builder also sold me a car stilt parking slot for Rs 1 lakh. He gave me a parking allotment letter and money receipt . The parking clause was however not included in the agreement of sale.
Recently the Supreme Court gave a judgment that in a housing society parking can not be allotted or sold to a member and parking allotment should be given on a rotational basis amongst members .
Now my housing society has informed members that the parking allotment by the builder stands cancelled due to the said supreme court ruling .
Kindly clarify whether the judgement is with retrospective effect of effective from the date of judgement .
Please help .
ROHIT SHARMA
(Expert) 31 August 2015
1. You have a separate parking allotment deed made out for such parking lot by the builder and you have the receipt. Equity is involved and hence the society cannot take away such right from you. File a civil suit seeking injunction against the society as not to disturb your legal right as for which you have paid the equity. The maxim "Law follows Equity" can be cited as your legal right.
Rajendra K Goyal
(Expert) 31 August 2015
Consult local lawyer and show him the documents.
You can claim your payment from the builder back.
M V Gupta
(Expert) 01 September 2015
THIS IS AN ISSUE RAISED FREQUENTLY. tHE BOMBAY HC IN cIVIL aPPEAL NO. 2182/07 (NAHALCHAND LALOOCHAND PVT LTD VS PANDHALI CHS, DAHISAR (E) HELD THAT STILT PARKING SPACE AND OPEN PARKING SPACE IS NOT FLAT WITHIN THE MEANING OF THE MOFA ACT AND FORMS COMMON SPACE FOR WHICH ALL THE FLAT BUYERS HAVE PAID MONEY AND HENCE BELONGS TO SOCIETY; BUILDER CANNOT SELL THE SAME TO ANY BODY. THIS DECISION IS UPHELD BY THE APEX COURT IN THE APPEAL FILED BY THE BUILDER NAHALCHAND CO. THE LAW LAID BY THE SC HOLDS GOOD IN THE CASE OF ALL SALES MADE EVEN PRIOR TO THE JUDGEMENTS.THE SALE MADE TO THE QUERIST HERE IS FRAUDULENT AND HE MAY CLAIM REFUND OF THE MONEY FROM THE BUILDER WITHIN A PERIOD OF 3 YRS FROM THE DATE OF SALE.FOR FILING COMPLAINT IN THE CONSUMER FORUM THE PERIOD OF LIMITATIONIS 2 YEARS.
Hemant Agarwal
(Expert) 22 October 2015
1. In Maharashtra (where MOFA is applicable) :
a) Non-FSI Parking space CANNOT be "sold" by Builder or by Society or by Anybody. Hence anybody Selling Parking space is liable for Criminal Prosecution.
b) Non-FSI Parking space CANNOT be "purchased" by ANY flat ower. Hence anybody Purchasing parking space is liable for Criminal Prosecution. Parking space Purchaser derives "no right, whatsoever", since non-fsi parking space, are classified as "common open space", under the DC Rules and under the MRTP Act.
c) However FSI dominated parking spaces /garages CAN be sold /purchased and the Society shall have to issue separate Share Certificate linked to the separate Share Certificate of the Flat.
d) FSI dominated parking spaces /garages are NOT classified as "common open spaces"
2. A Registered Society may rotationally "ALLOT" a parking space to its members, subject to various parameters, dependent on the Society's adopted bye-laws.
Keep Smiling .... Hemant Agarwal
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