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Parking issue in my apartment

(Querist) 22 January 2016 This query is : Resolved 
Hi

I own a flat in a small apartment that has just 10 flats. While purchasing the flat, the sale deed has a mention of Car parking space. Since the apartment is small, we have some practical difficulties to park vehicles in the parking slots present in the basement. Almost all the owners are co-operative and ready to make slight adjustments so that everyone gets to park their vehicles. It so happens that all owners on the current date do not have cars. Only 4 owners had cars initially but now that I also have a car, it add to 5. There is one flat owner who has taken two slots which falls in the middle of the flat stating that he wont allow others to park their vehicles or cars. Though he has a smaller car like what others have, he threatens and abuses people if we try to take one of the slots there. He is very much selfish, arrogant and says that he wont be ready for any slight adjustments and he wants comfort by all means. We have a practical limitation in our apartment. And the Builder also has cheated us by marking the boundary of the slots but did not allocate the flat numbers to the slots. Since it is a smaller apartment, we do not have a registered association. This non-co-operating flat owner has a fight-a-cock attitude and so association people also fear to speak to him. How can we address this problem? Will it require police intervention to sought out this kind of a dispute?
ADV-JEEVAN PATIL, MUMBAI (Expert) 22 January 2016
1) If agreement indicate price paid for parking lots he has his right.
2)Since yrs is not Registered Apartments Society & hence cannot take action
3)You may,attempt making police Complaints, if u all members resolve to do so
Rajendra K Goyal (Expert) 23 January 2016
Try to have amicable settlement.

Claiming two parking slots by One flat holder is not justified and you should move to get the slot re-allotment.
Sivaprasath (Querist) 25 January 2016
Thanks Mr. Jeevan and Mr.Rajendra. I have taken this up with other folks and sought their intervention also on this. The person creating issues has paid only for 1 slot. We are trying our first approach of settling this out amicably. If things do not work out, then we will move for legal actions.

Thanks
Siva


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