Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sameerb   04 April 2015

Dispute with builder

Hello,

I reside and own flat in society developed by Kumar builders in Pune since past 3 years. The dispute is over unfair/illegal allotment of parking space to a newly purchased flat owner. The parking space has been allotted on an empty space which is marked as "Drive Way" in the plan of my agreement document and hence an unfair practice by the builder. Had this been part of the layout plan, I would have re-considered before accepting the parking slot allotted to me.

Attached is the plan layout :

The red line is the unfairly allotted parking space, blocking the Drive-way and emergency facilities like Fire/Ambulance etc. 

The black sketched is my parking slot.

Please advice as to how to proceed with legal action.



Learning

 10 Replies

Adv S K Gupta (Advocate High Court)     05 April 2015

object the action at once, approach police for quicker action. Put charges of encroachment on public passage, it is criminal action. Rest approach town planning department or check local state laws for remedy.

sameerb   05 April 2015

Thanks for the response.

The new flat owner has 2 vehicles, one of which he started parking in front of my parking.

I found out that another flat owner, impacted by this encroachment, has already filed an FIR and the police is NOT doing much on this matter. He also sent notice to the Builder office but Mr Lalit Kumar Jain is notorious for disregarding and devaluing such concerns from owners. It's quite possible that the police is hand in gloves and corrupted by the builder's office. 

Secondly, the new owner is very aggressive and behaves uncivilized using threatening language against us. He resorts to  harassment tactics like puncturing tyre, scratching the paint etc. and because we don't have any CCTV evidence we cant do much.

He paid 5 lakhs for getting this parking space allotted to him. This dispute should actually be between the new owner and the builder over lack of parking space, but he is cunningly trying to harass other owners and hold us at ransom.

How to do we legally make him vacate the drive way with non-cooperating police?

Kishor Mehta (CEO)     05 April 2015

Sir,

[1] Once a society is registered the builder has not right to allot parking spaces. There are various judgments in the matter. Please find these attached herewith.

[2] The parking Bye-Laws of the CHS are also attached.

Good Luck,

Kishor Mehta


Attached File : 51430 20150405161039 139901167 150111 car parking judgements.pdf, 51430 20150405161051 139901167 150405a latest parking bye laws of chs.pdf downloaded: 172 times
1 Like

Adv S K Gupta (Advocate High Court)     05 April 2015

You have two remedy

one in civil under Urban Building Regulation Act or such other Act applicable in your state.

Second is in Criminal side, as there is encroachment in public passage and now misbehaving and threatening also.

Criminal side will give quick remedy,

Create public pressure by involving society or approach to Court for getting your FIR registered.

1 Like

sameerb   05 April 2015

Thank you for the response. This is very helpful direction and really appreciate it! 

i have prepared the complaint letter addressed to the Society Secretary and in the process of getting additional signatures of society members impacted by this encroachment

just a last question to clarify once:  It would not matter if the builder allotted this parking space before the society was registered/formed, right? if my understanding is correct, this public passage / Drive-Way is  now property of the Society and the owner can be forced to vacate it.

thanks again!

Kishor Mehta (CEO)     05 April 2015

Sir,

Please peruse the Hon. Court judgment, it very clearly states that BUILDER CAN NOT ALLOT OR SALE PARKING SPACES AT ALL. He has to deliver the vacant possession of open spaces to the society without creating any encumbrance.

The allotment of parking spaces by builder is illegal.

Good Luck,

Kishor Mehta

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 April 2015

The sale of parking space in the flats is illegal, the supreme court has given verdict to this effect. The builder cannot demand money for allotting parking space from anyone, moreover once the builder hands over the flats to the society, he absolves the responsibility and will flee the spot with his cache. You have remedy through civil court for this, first issue a legal notice to the builder for his illegal act if the building has not been handed over to the society, or the society if it has been formed. About the neighbor's nuisance, you may lodge a criminal complaint against him. The bye laws of the society with regard to parking space may be read and consult a local advocate for further assistance.

1 Like

sameerb   11 April 2015

I sent an email to builder's office on 6th April to vacate the drive way no later than 13th April. I haven't received any acknowledgement on the same. We did speak to the builder's office, on 4th April, over phone. However, they were not cooperative and dared us to mind our own allotted parking space and that we have no right to question the builder's business dealings.

They even claimed that the parking layout plan in our agreement is 3 years old and the builder has right to make changes. But according to the Society bye-laws it is illegal on the builder's part since this is sealed plan and agreement. He is trying to take advantage of general public ignorance.

Also, the society was registered on 24th February and the first AGM is on 24th April. Should I wait till the first AGM and raise this issue in the meeting or pursue legal notice and action on the builder ?

Regards,

Sameer.

Kishor Mehta (CEO)     11 April 2015

Sir.

The builder does not have any right over the property once the Society is registered. The builder can not allot any space for parking even before he hands over the property to the Society. The absolute rights of allotment rest with the Society. One thing more, the builder is legally bound to convey the property to the name of the Sociey within four months of the registration.

Please explain the legal rights and remedies to all the members of your Society.

Move a resolution in the first AGM, citing the Hon. Court orders and request the General Body to take over the possession of all the available parking spaces. Request the eligible members to file applications for parking spaces and request the General Body to allot the parking spaces on "first come first served" basis as per the CHS Bye-Laws, strictly follow the CHS Bye-Laws for the allotment.

Let the society take up the matter with the builder, issue notice and file complaint in Consumer Forum.

Concerted efforts are advisable, however if the society officials or the fellow members are not willing, you alone can take legal steps against the builder.

Good Luck,

Kishor Mehta

1 Like

sameerb   13 April 2015

You have been so helpful Mr. Kishore Mehta. Country needs such netizens who strive to educate and spread the knowledge on legal rights  to common people using the social technology. Wish you all prosperity and sincere thanks!


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