Need Help Regarding The Parking Dispute In My Society


Dear All, 

Need Help From You For Solving The Below Query.

In 2012, I have Puchased a Flat In Pimpri Chinchwad {Pune-MH} in under Pradikaran Authority. While Purchasing the Flat I have contacted the Builder and Developer for Issuing me the Best & Big Size Parking as I was containing 2 Bikes, 1 Small Car & 1 Sedan Car.

As per request Builder has Alloted me the Parking on which he has put the board of my Flat No. and this parking was under my Flat where I can put my both cars without disturbing any Flat Owners and any Drive way as both cars fit under my Parking Premises. Same for all Society Members he did the same thing. Attached below is the Image in which you can see the alloted parking given by Builder.

Above pics are containing 2 Parkings in which 1 is Mine i.e. 105 and Second is 303 my Nabour. This Parking Numbers are alloted and putted by the respected Builder in the society while giving Possession.

This Parking are Alloted on First Come First Serve by the Builder.

Now the issue is A Flat Owner No. 403 was not happy with his Parking after allotment of all the Parking by Builder. So, he fighted with the Builder for the same, told him bad words blah blah blah. Builder told him that the Parking is alloted is good in size and car can fit easily inside his parking but the person was regretting that car will not fit in his area.

Below is the Parking of Flat Owner 403 Alloted by Builder. The Parking which contain Blue Shed is Flat Owner 403.

The Above Parking was Alloted By Builder which was regretted by Flat Owner. This Parking Contain Size 21*10 inside Pillar To Pillar which is enough to Park the Car and Front Drive Way 13FT which you can see in IMAGE 1 clearly.

Now, as this parking was alloted by Builder at the time of Possission the builder has completed his work and handovered the Society to Members. After getting out I went out for 3 YRS in Rajasthan where behind me this person contacted society and told about the Parking issue. Society was needed a Watchman Room Space for which this person agreed and and the Society gave him permission to park his 2 Wheeler near my Parking in Open Area which contains Stairs Emergency Exit Way. Below is the Image of the temporary space alloted by Society for this person.

Now if you see the above Image you will see above the Bike the Parking Number is writtented by Paint. This number was writtened by Flat Owner itsely in this coming days. 

Now my Question is:

  1. Does Society Have Right To Change The Alloted Parking Given By Builder?
  2. Can Society have any right to allot Parking for any Common Space such as Fire Exit/ Duck or any Emergency Exit.
  3. Do Society can created any fabrication work such as Watchman Room in the Parking?
  4. Finally, what actions I can take to the Flat Owner as he Drinks Alhocol and Fight with me every 2 months for this Parking issue.

Please help me with this above queries as am really very much frusted with this issue. Please suggest me Under What Act I can take actions on Society and the Flat Ower for this.

I hope any one can help me for my query.

 
Reply   
 
CEO

The builder/developer does not have any right to allot or sale stilt or open parking spaces. Under Maharashtra CHS Act only the Society, after its registration, can allot such spaces. The rules are as follows : Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under b. The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society. c. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society 78. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose for which it is allotted to them. 79. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot. 80. In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations. 81. The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society. 82. Every Member shall pay the for parking charges for the number of slots allotted to him / her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or not. 83. Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the Society and pay the charges fixed by the General Body of the Society at its AGM.
 
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