Society common parking slots & tenants rights to park 4 wheeler
2 months ago
Society has enough open car park slots wrt available cars; however society committee is not allowing tenant to park their car. We need to pay 10% extra maintenance being tenants still this different treatment. I read on internet that tenants has equal rights as owner. Request clarification on tenants rights & how to take it legally approved? (Maharashtra /Pune)
A.if the society has enough open car park slots, the they can give it to the tenants also... by law ...the rights enjoyed by the owner can be claimed by the tenant also ...AS LONG AS U R PAYING THE RENT.
I have answered your query in detail. Hope this information is useful
I have answered your query in detail. Hope this information is useful
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A.Dear Client,
The allocation of car parking space is explicitly outlined in the Schedule of Property within the Agreement to Sell and the registered Deed of Conveyance, jointly executed by the Buyer and Builder/Developer. Disputes regarding car parking must be resolved based on the specific details in the Deed of Conveyance's Schedule of Property. BBMP Building Byelaws 2003, Section 16(a) stipulates that car parking spaces for motor vehicles should not be less than 18 square meters (3m X 6m). Approved housing projects by BBMP/RERA hold the Builder/Developer accountable for any deviation or deficiency in service upon receiving the cost of service.
If efforts to resolve the matter with the Builder/Developer prove futile, a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 can be filed before the Adjudicating Officer, claiming compensation for construction and parking space-related deficiencies. Alternatively, a complaint for deficiency in service and unfair trade practices can be filed against the Builder before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019. Legal notice can be served, or a civil suit for specific performance can be filed before a Civil Court for appropriate relief. It is essential to note that a complaint/claim cannot be simultaneously raised before the Consumer Court and RERA for the same cause of action. The Consumer Court complaint must be filed within two years from the date of the cause of action.
The allocation of car parking space is explicitly outlined in the Schedule of Property within the Agreement to Sell and the registered Deed of Conveyance, jointly executed by the Buyer and Builder/Developer. Disputes regarding car parking must be resolved based on the specific details in the Deed of Conveyance's Schedule of Property. BBMP Building Byelaws 2003, Section 16(a) stipulates that car parking spaces for motor vehicles should not be less than 18 square meters (3m X 6m). Approved housing projects by BBMP/RERA hold the Builder/Developer accountable for any deviation or deficiency in service upon receiving the cost of service.
If efforts to resolve the matter with the Builder/Developer prove futile, a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 can be filed before the Adjudicating Officer, claiming compensation for construction and parking space-related deficiencies. Alternatively, a complaint for deficiency in service and unfair trade practices can be filed against the Builder before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019. Legal notice can be served, or a civil suit for specific performance can be filed before a Civil Court for appropriate relief. It is essential to note that a complaint/claim cannot be simultaneously raised before the Consumer Court and RERA for the same cause of action. The Consumer Court complaint must be filed within two years from the date of the cause of action.
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A.Dear Client,
The allotment of car parking space is specified in the Schedule of Property in the Agreement to Sell as well as the registered Deed of Conveyance executed jointly by the Buyer and Builder/Developer. So, dispute with regard to car parking space is required to be resolved strictly on the basis of specific contents of the Schedule of property as appears in the Deed of Conveyance. As per Section 16(a) of BBMP Building Byelaws 2003 car parking spaces provided for motor vehicles should not be less than 18 square metres (3m X 6m). So, when the housing project is approved by BBMP/RERA, for any deviation or deficiency in service on receipt of cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and deviation in construction and allotment of parking space. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint may be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time
The allotment of car parking space is specified in the Schedule of Property in the Agreement to Sell as well as the registered Deed of Conveyance executed jointly by the Buyer and Builder/Developer. So, dispute with regard to car parking space is required to be resolved strictly on the basis of specific contents of the Schedule of property as appears in the Deed of Conveyance. As per Section 16(a) of BBMP Building Byelaws 2003 car parking spaces provided for motor vehicles should not be less than 18 square metres (3m X 6m). So, when the housing project is approved by BBMP/RERA, for any deviation or deficiency in service on receipt of cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and deviation in construction and allotment of parking space. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint may be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time
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