Society parking allotment

Deepak Parmar (Querist) 17 November 2016 This query is : Resolved
In our Society Builder during Handover to New Committee, has said that as 1 Parking is unsold / not allocated to members he will do in next 3-4 Months, till that Time the Parking will be under is name/Number.

After 4 Months of Handover to Society, Builder sold /allotted to a Member with allotment letter back dated to 30 Sep 2016.

Now Society members are have question how to the builder can Sale or allot the Parking once Handover is done.

We had a meeting, with builder and all the members, Builder replied that while Hand over of the Society to Members he has said specifically that 1 Parking which is not alloted or unsold he will do in next3-4 Months, and he also said that when he has asked during Handover Process that If anyone wants Parking they can meet him, and that Time No One Said any thing or raised objection, and now you are asking questions him.

As I was not staying in the society during & have given my flat on rent, I could Not understand what was happening, I came to know when I shifted in May 2016.

I spoke to secretary of the Society, he says that Builder has said that unsold parking which he will sell or allot to any members in next 3-4 Month.

I asked him the question did this was known to everyone, he says yes, but no one spoke during that time and now shouting at me and saying how can this happen

In fact the Parking is sold or say allotted to Chairman's Brother, who is also a Member,

Now the Current Secretary has resigned on this issue in fact whole committee has resigned and New Committee has been formed

Now the question arise how to solve this problem, as we all know that Parking can not be sold.

All the Members who have been allotted Stilt Parking has same Letters with Parking Number, Date of Allotment, Name of Owner with Flat No.

Total Parking Allotted 12 Nos (Can Say Sold to members) 4 Parking are for Bikes Common to everyone for Bikes

The Allotment Letter issued to member with disputed stilt parking is just 2 days before the handover date.

Now in our society question arise how to solve the problem, Society in AGM Passed this Allotment to be illegal, and does not consider the allotment letter to be valid.

Does the Allotment Letter given to Members will stand valid in Court and same with case of disputed stilt parking letter.

Kindly guide me, even I have purchase stilt parking, but it is allotment to me during the possesion of Flat before the Handover's 1 Year Back.

Thanks
Deepak Parmar

Follow Query

Report Abuse

Kishor Mehta (Expert) 18 November 2016
Sir,
You have not specified the state of your residence, each State has its own CHS laws. In Maharashtra, builder can not sell or allot parking space. The allotment letter of the builder will not have any value in a Court of law as per Maharashtra CHS Bye-Laws
Good luck,
Kishor Mehta

Deepak Parmar (Querist) 18 November 2016
I am from Navi Mumbai, State Maharashtra

Rajendra K Goyal (Expert) 18 November 2016
Builder can not sell parking, society can again allot the same. Purchaser of parking may ask the sale price of parking back from builder.