Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Builder denying parking usage rights

(Querist) 09 September 2014 This query is : Resolved 
Namaste to All,

Recently, I have purchased a flat without reserved parking. Builder used to sell reserved Open and covered parking but that was optional not mandatory. I was told by the dealer that since parking is not mandatory, builder can't deny car/2-wheeler parking in unreserved open space.

Now builder and AOA denying entry of any vehicle without reserved parking sticker.

In "certificate of possession" issued by builder, the opening wording of certificate is

"The actual physical possession of flat no.xxxx block xxxx having super area of 1100 sq.ft on 9th floor including usage rights for car/two wheeler parking/s in the group housing project knowns as xxxx ("The Flat") has been handed over by M/s Builder (The Promoter ) to Mr. A (The Allottee) subject to the following terms and conditions;

With reference to above,

what is my parking rights? Legally, what is my position?

In registry paper, there is

Open Parking - (Dash)
Reserverd Parking - (dash)

No mentioned of Nil Parking or No Parking.

Please show some lights to the above case.

Regards,

S Ajoy
V.T.Venkataram (Expert) 10 September 2014
In CIVIL APPEAL NO. 2544 OF 2010
Nahalchand Laloochand Pvt. Ltd. …Appellant
Versus Panchali Co-operative Housing Society Ltd. …Respondent, the Supreme Court has given a clear judgement that the builder has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.
Rajendra K Goyal (Expert) 10 September 2014
Stilt parking can not be sold. If the security does not allow entry of your vehicle take the court / registrar of societies orders restraining them to stop your vehicle. You have good case in your favor.
Kishor Mehta (Expert) 10 September 2014
Sir,

There are several judgements qualifying that builders can not sell parking spaces.

Please find hereunder Car parking Bye-Laws applicable to CHS.

-------------------------------------
Co-Operative Housing Society Bye-Laws about car parking
78(a) Member may hold parking space/ stilt if he is allotted the same, and he shall have a right to transfer the same to transferee or other eligible member of the same society.
78(b) The allotment of Parking Space/Stilts shall be made by the Committee on the basis of “First Come First Served”, for available parking spaces. However in case of Parking Space/stilts allotted by the Society, the member shall have no right to sell or transfer the said allotted parking space/stilts, to anybody.
79. No member may be entitled to utilise more parking spaces/stilts than what is allotted to him by the Committee.

80. Where any stilts have been built or open space in the society's compound is available for parking of cars, the society shall number the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the Society. The Committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.

81. A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner of the company of which he is the director. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilt/parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.

82. In case the number of vehicles of eligible members is in excess then the available parking space/stilts, the managing committee shall allot such parking space/stilts by 'lot' on yearly basis.

83. The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the Society giving necessary details. The procedure for disposal of applications for permission under the bye-law, as laid down under the bye-law No. 65, shall be followed by the Secretary and the committee of the Society.

84. Every member, who has been 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. Where a member has been allotted more than one stilt/ parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.

85. Every member, having a scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of the committee for parking his vehicle in the compound of the society and pay the charges fixed by the General Body of the Society at its meeting.
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I believe this will solve your query.

Good Luck,
Kishor Mehta
ajay sethi (Expert) 10 September 2014
issue legal notice to builder . move consumer forum against builder for deficiency in service
Ajay S (Querist) 10 September 2014
Many Thanks to All Experts.

Now I got the point that i have to challenge the builder through legal procedure.

I need some more clarity.. "is the wordings of possession certificate issued by the builder goes in my favour for usage rights of parking even if parking issue is silent in registry papers.

Regards,
T. Kalaiselvan, Advocate (Expert) 15 September 2014
The builder cannot deny parking space just because you are not ready to pay for it. The recital of of certificate of possession reproduced by you clearly indicates that you are entitled for one, this is a fit case for legal action against the builder in the appropriate legal forum,consult a local advocate and proceed further as per his advise.


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