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Bharat Baranwal (PM)     13 November 2009

Car Parking in CHS Mumbai

I have bought my Open Car Parking while buying the flat from Builder in Suburban Mumbai, this year during AGM, society has passed few rules that:

1. You can not have your tenant park in your car parking space.

2. Need to surrender my parking to Society for usage by other members of society on temporary basis. Society will collect fixed rent of Rs 500/ and keep 200 with them and pass on 300 to the owner.

3.If my tenant parks in my car parkig space, there is a penalty of 2000 rupees a month.

I wanted to know how legal is this?



Learning

 3 Replies


(Guest)

This message was posted on 6th October 2009 in response to a query "Tussle with the Builder"

Sessions Judge HH D U Mulla of the Bombay Sessions Court on 5th October 2009 directed issuance of process against Godrej & Boyce a promoter for the contravention of the provisions of MOFA and in particular for the sale of parking space to a flat purchaser.  Earlier the Magistrate court had dismissed the complaint filed by the flat purchaser on the ground that the flat purchaser had not made out a prima facie case and that the agreement entered into by the flat purchaser had provided for sale of the parking space.   The flat purchaser had challenged the same earlier in revision before the Hon'ble Sessions Judge who was pleased to quash and set aside the dismissal of the complaint.  Godrej & Boyce went to the High Court on the technical ground that the hon Sessions Judge did not grant them a hearing before quashing and setting aside the dismissal order. Before the High Court the flat purchaser consented for remanding back the matter to the Hon'ble Sessions Court for a giving the promoter an opportunity of hearing.  His Honour Judge D.U.Mulla has after giving an opportunity to the promoter of an hearing has quashed and set aside the dismissal of the complaint and has directed issuance of process against the Godrej & Boyce Mfg Co. Ltd. & its Chairman & Managing Director.


(Guest)

The Sessions court order will be uploaded on this site after moderation hopefully by tomorrow

akhtar (mumbai)     26 April 2010

dear sir ,

           i haveing car parking in basement, backside there is space 6*8 sf, society has allot a car parking to another person to park his car back space,of my parking,society is forceing me to keep key in watchmem cabin and allow him to park his car, and no responsebility for damage or miss use of my car,he push my car forward to take her car out,i ignore it ,they block my from last 5 days,i go to offices by train or bus, please help me,i and my family is depreess.

yrs sincerely,

email me memonakhtar@yahoo.com


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