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Ashish Dube (manager)     07 April 2012

Parking problem since 2005 in c.h.s

Despiratally needed A SOLUTION/ SUGGETION .

I purchased a ownership flat in mumbai- goregaon in 2005, 800ft carpet area..as per rules builder cant sell parking space,so i dint purchase it a that time. i was the very first persone who booked and payed full amount to him.

laterlly i come to know that our socity has only 23 parking space inluding open and stilt aording to law 10% parking also made by builder hence total parking is 23 +2= 25. out of 25, 16 are slilt and 9 are open.builder has sold all the parking to members. our socity has 30 flats only.there is one flat owner who has 1 stilt and 1 open parking sold space. there r 4 members who has 2 cars and they are parking there cars in there single parking space.

i requested in all the AGM to provide me a parking space, The managing commity refuses saying the socity doesnt have any parking space.i requested many times to cancel all the parkings as it was sold illigally and allot them with and under bye laws. they refuses evry time.

Now its painfull 7 years, i do not have parking space.WAS MY FAULT THAT I FOLLOWED THE RULE BY GOVERMENT??

I never asked them in writing,i always requested them orally.

The builder has mentiond in the agreement that the open/stilt parking sold to the persone is leagally has right to sell it,and it is his personal property.

there are 5 tenents are living in socity and they are having parking too...

socity has clearly told me that whatever is the parking sold to member they have full rights now to them and we wont do any thing for my parking.

Plz  can the EXPERTS can show me any path ,how i can get a single parking space in my own socity.is there any leagle way to fight with the same situation?



Learning

 1 Replies

Kishor Mehta (CEO)     08 April 2012

Sir,

[1] The builder CAN NOT sell any STILT OR OPEN parking spaces. This has been ruled, time and again, by the Consumer Fora, Bombay High Court and Supreme Court.

[2] Only one parking space per flat can be allowed as per the CHS rules.

[3] If there are more members than number of parking spaces, the parking has to be allowed strictly according to the CHS rules.

You can put your grievnaces before the District Consumer  Redressal Forum at Bandra, and you will surely get justice.

Kishor Mehta


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