Parking Issue in the Society
2 years ago
Ours is a society of 135 flats and around 29 flats do not have parking space. This is because a lot of flats have purchased parking space either from a builder or from the society. The society used to charge 1,50,000 as deposit for free parking spaces which at present they have increased to 5,00,000.
My question is that is there any rule where in each flat has to have 1 parking space allotted from the ones which are not sold by the builder ? and after that if there is any more space left then allotted to anyone who wishes to buy additional parking space.
Also there are members in the society who do not have cars and are renting out the space allotted to them by the society after taking 5,00,000 deposit to other members at exorbitant charges.
Is this legal and is there any way by which we can go ahead and challenge this and get parking spaces for atleast each individual flat and then if any surplus the society can go ahead and then give it out to people who want more than one parking space.
People in the society say that we cannot challenge what the comittee has decided in the general body meeting.
Want to know if there is any way by which we can challenge this and is there any scope of winning if we try to fight a case against the society. Also what can be the expense of the whole affair.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A petition relating to such issues can be filled in consumer forum or a cooperative court. Builder are not allowed to allot parking space, this work is done by the society itself.
There is one parking space that has to be allotted to every flat in the society. As according to bye-laws, a member can not sell or transfer parking slots allotted by the society for personal vehicles.
One parking space has to be allotted to every flat in the society itself by the society You can file an appeal in consumer forum or a cooperative court. Builder cannot alot parking space it is done by the society. According to model bye-laws, a member shall have no right to sell or transfer parking slots allotted by the society.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
This way the MC can allot all parking to themselves and earn from it.
But how much monthly charges after 5,00,000 deposit ?
supreme court says that each flat must have one parking place.