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Stilt parking...

(Querist) 17 August 2012 This query is : Resolved 
SIR/MADAM,

I HAD PURCHASED STILT PARKING FROM BUILDER IN YEAR 2001, AFTER SUPREME COURT ORDER JUDGEMENT... WHAT IS THE STATUS OF MY STILT...?
THANKS

ajay sethi (Expert) 17 August 2012
since society has not taken any action setting aside slots sold by builder you are the owner of said slot .
SHACHIN (Querist) 17 August 2012
THANKS FOR THE REPLY SIR....

SIR, INCASE SOCIETY TAKES TO SET ASIDE THE SLOTS ALLOTED BY BUILDER, WHAT ACTION I CAN TAKE TO SAFE GUARD MY STILT PARKING LOT. WHAT REMEDIES I CAN TAKE FOR MY DEFENCE ?

PL REPLY..
ABHIJEET PARIKH (Expert) 17 August 2012
It has been almost 12 yrs since ur possesing that car parking

if u have any allotment from builder or society then u can show it that u have been duly alloted car parking

SC judgement says that builder cannot sell car parkings SC cannot make retrospective judgement it is therefore prospective in nature therefore ur safe and right ful owner of it
Also based on principle of adverse possession ur in possession for almost 12 yrs (although 1yr is still left)
SHACHIN (Querist) 17 August 2012
thanks sir.....
SHACHIN (Querist) 17 August 2012
Sir, one small queery ... can a member of society go to consumer court for the stilt parking, make builder party and second party to society ... for the above stilt parking bought by me in 2001 from builder...

thanks
ABHIJEET PARIKH (Expert) 17 August 2012
Now you're changing the situation Plz provide with full actual details
SHACHIN (Querist) 17 August 2012
I/WE (TOTAL 16 MEMBERS) HAD PURCHASED STILT PARKING FROM BUILDER IN YEAR 2001, AFTER SUPREME COURT ORDER JUDGEMENT... WHAT IS THE STATUS OF MY STILT...? recently one of the member gone to consumer court for the stilt parking and against the M.C for certain small matters.. on particularly this member society has put a case of 101 (defaulter), does this member have right to approach consumer court for the stilt and M.C. matter ? pl reply/advise...thanks
ABHIJEET PARIKH (Expert) 17 August 2012
Why consumer court ???

Does ur society provides service or sells product ur parking wont be harmed consumer court is not the rite court in such a case
SHACHIN (Querist) 17 August 2012
thanks sir, for your valuable reply and giving relief to me for the same matter... thanks once again.....'

SHACHIN (Querist) 24 September 2012
sir, small question ... for open car parking space can soceity take interest free deposits from members for allocation of open car parking space, if approved in AGM of the society...

pl reply

thanking you in advance


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