About Stilt Parking
shashi
(Querist) 12 April 2011
This query is : Resolved
Please advice me on my case as follows.
i have purchased a flat along with stilt parking in the month of may 2010 and after registration i have filed all document to the society for transfer.
Previous owner is given a current letter copy to me which is given by builders to that previous owner stating to allot the stilt parking .
Now Supreme court has given the judgement that builers can't sold stilt parking .Society now awake and they have given me a letter by stating the supreme case judgement and telling me to vacate the place if you need you have to apply to the society ,society will allot on first cum first basis.
please advice me on this matter.
what i am supposed to do in such scenario.
please guide me.
Raj Kumar Makkad
(Expert) 13 April 2011
As the sale of sit parking has already been made and you have also given cash against that sale so notice is not in accordance with law of land and SC citation is not applicable on such issues. Even if sale is set aside even then you are entitled to refund of your money with interest.
shashi
(Querist) 13 April 2011
Sir,
thanks for your reply.
after receiveing a letter from society i have given a reply for the same that i am not agree with the case of SC.Please give me some time for reply.
Now they are asking me to give reply.
What i am supposed to do ????????
Reply or find some other alternative.
Sir, Some they are telling me to call previous owner by sending a notice will this suffice my problem.
please help me sir.
Thanks
Raj Kumar Makkad
(Expert) 13 April 2011
You should file a case with Registrar against the society. Previous owner can be called at any time in court also even by way of court notice. material thing is to obtain stay order against proposed illegal action of society.
M V Gupta
(Expert) 14 April 2011
In my view u should first send the Society's letter to the builder and call upon him to take up the matter with the Society and protect ur interests in the parking space. In case he fails u should claim refund of the money paid by you to the builder. It is for the builder to protect your right to the space as he had tken the cost of the parking space.In my view this step is necessary before u consider filing any suit.
