Car parking related

Sitaram Sahu (Querist) 14 September 2015 This query is : Resolved
sir,

1. We have the registered society under MCS located at pune(MAHARASHTARA INDIA)
2. Can MC sell the stilt parking space to its member on approval IN AGM.
3.This point was raised in AGM in 2010 by MC/Chairman
4. Same was not approved in AGM.
5. In this I had also given my opinion saying that MC can not raise the fund by selling unsold parking space, if it can be done then MC can ensure that in future if any one is asking for purchase of parking then can be done.
6. And it was agreed not to sell the parking.
7.In 2014 available parking space is allotted with minimal charges.But I was left due to non availability of stilt parking.
8. In 2015 after completion of One year I applied for Stilt parKing, and now same is denied By MC sawing that he is the same person not co operated for selling of stilt parking in 2010, hence not to be given. will be decided in AGM.

Now my questions are
1. can MC sell the parking space
2. Can MC deny allotment of parking space to me on the basis of point no. 5

I would thankful for your kind advice sir on this regard

Thanks

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P. Venu

(Expert) 15 September 2015
The MC, or for that matter, or any person or anybody can deny anything to you just because you had expressed your opinions.

Rajendra K Goyal (Expert) 15 September 2015
Stilt parking can not be sold due to the supreme court ruling.

Refer the bye laws of the society and the state law in the matter.

Hemant Agarwal (Expert) 15 September 2015
1. Parking spaces CANNOT be Sold /Purchased by Society or Builder to a Flat-Owner. It will be a criminal offence under MOFA and under IPC.

2. Parking has to be allotted to members, on yearly rotational basis, as prescribed by Society's approved Bye-Laws. IF this criteria /Society Bye-laws are deliberately not followed, THEN a bonafide member may file grievance complaint before the Consumer Court. This should set right situations on permanent basis.

Keep Smiling .... Hemant Agarwal
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