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Chanchal Chawla (house wife)     31 May 2016

Sale of parking in residential building by builder

Dear Sir,

We have purchased flant in thane in 2011. At the time of possession ( March 2012) builder took an undertaking from us that" we have no objection for sale / allotment of parking".

We have raised the issue of allotment of parking with builder but no gain.

Few members have got allotment letter from builder and trying to prove themselves as legitimate owner of the alloted parking  and threatning the socio legal action against.

Some of the office bearers of the society have these letters. Therefore, they want to force the issue on us through society.

I have following queries.

1. is allotment before supreme court judjement are not illegal.

2. which is appropriate forum for getting justice consumer forum/ civil suit against builder.

3. Can we approach registrar cooperative societes against the society.

 



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     31 May 2016

Law never be implemented from back date. It is implemented with prospective effect and never retrospective effect.

Allotement is not illegal.

Registrar of co-operative is the authority will give u relief.

THanks

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     31 May 2016

Sir, 

 

Better file the case for Cheating, defect in services and breach of contract by the concerned body. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kishor Mehta (CEO)     31 May 2016

Sir,

It was held by the Hon. Bombay Co-Operative Appellate Court in 2002, Hon.Bombay High Court in 2008 and later verified by the Hon.Supreme Court that Builder can not sell or allot open and/or stilt parking spaces. The allotment of open and/or stilt parking space by the builder is illegal.

You may approach the Dy, Registrar and/or Hon. Co-Operative court for the parking problem.

Good Luck,

Kishor Mehta

 


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