Car parking issued
raman
(Querist) 03 December 2013
This query is : Resolved
Dear Sir,
i have a 2 bhk size 1100 sqft in a apartment from builder. at the time allotment builder has allotted me a parking space no 121 with my flat. after 2 year managing committee is formed.thereafter 6 month a member started harassing to park my car parking in my place. even builder has allotted him the parking space 110 just behind me.there is a common entrance for my space n his photo attached. still 2 year we have no problem. but asking him why he blocking my way? he replied he came to know that i have been not allotted any parking in my name and asked to show my allotment letter. i replied you have no right to ask my docs pls complaint to society if you have any problem.
he than written letter for the same and few day later society send the letter say the same telling as per the builder submitted document say no parking is allotted in your name and ask please produce with the proof if any. next i have submitted my allotted letter of my parking space with asking compensation for harassment from the complaint member.
the society delay for action and even not replied to complainer. after 2 week we mean (myself and Society) received summon from co operative court to present in court. i produce my proof which the all member received from builder at time of purchase. but the society replied against me saying we not accept the allotment of my parking space, even the society has ask for confirmation from builder. even builder given the confirmation of parking space to society and cc a copy to me which i have produce in court too.
1 year over but the society is still not accepting my parking and against me and even the complainer ready to settlement but the society is not taking action. last agm held the society was force to give resignation for non perform and many fraud which is understand by the member.
but still the complainer and his advocate trying to restrain my parking space so that he can occupy the same.
my advocate has reply all the document and parking rule as per the byelaws, but the complainer motto to occupy my parking in any condition so flatten his tyre take snap or scratch his car with removal paint and sticker and claiming for insufficient driveway to get and all false allegation against in court and try to gain sympathy of the honorable judge.
even my advocate not appearing in court which made fear to loose the case and pass the order in disputant name.
i request to help me the better way out and solution. attaching some photo graph of my parking space. i am not able to upload but i think i have given the basis idea
BAALASUBRAMANNYAMM
(Expert) 03 December 2013
Your query must be in a "simple way" and it can easily be understand the experts to understand and give their opinions. If anybody posts such a long(lengthy)query, it is very difficult to give immediate solution.
V R SHROFF
(Expert) 03 December 2013
too long query to read
raman
(Querist) 03 December 2013
dear sir,
Thanks for your prompt support n reply.sir in simple word i and all the member has parking allotment letter from builder at time purchase.after society form they say builder submitted parking doc state parking not allotted in my name.but i showed the original and verify. they written to builder asking my confirmation. builder replied my parking is confirm if not reflected in my submitted docs please update, but managing committee not accepting till date. please advice
raman
(Querist) 03 December 2013
sir any guidelines, i stay in mumbai
raman
(Querist) 03 December 2013
what can be done
prabhakar singh
(Expert) 03 December 2013
Your case or dispute of car parking space is going on in a cooperative court where pleadings are already exchanged.When your advocate is reluctant in prosecuting your case in court and frequently absenting,the best course is to engage another sincere advocate.
Rajendra K Goyal
(Expert) 03 December 2013
Well advised by the learned expert prabhakar singh ji, nothing more to add.
raman
(Querist) 03 December 2013
thanks sir, but it is simple parking matter. the other fellow purposely creating nuisance himself and glove in hand with the society. from source came to know that the society will be rewarded by the complainer is they success or help him to restrain my parking.
raman
(Querist) 03 December 2013
sir please advice me only if there is justices or hope of justice, that fellow is business man and good approach were i a service man. 2 year over but no call or justice. every month has to go court and court given next date and continue till date. shall i fight further or if my case is not strong please advices move back or there is a hope.
Raj Kumar Makkad
(Expert) 03 December 2013
When the matter is already in the court, no further opinion is either feasible nor legal. Trust upon your lawyer and put your case before the court vigorously and effectively.
