• BMC approved plan has 7 visitors parking which are sold by builder

Our society has 28 members and as per bmc plan there are 28 tenants parkings and 25% that is 7 visitors parkings. Each and every member is given 1 parking as per sale deed. There are 7 members who say these 7 visitors parking have been purchased by them in the name of builder allotment. Secretary himself is the builder and other 4 committee members claim such visitors parking.I have requested to allot as per the Byelaws but no action is taken. Kindly advise where to complain as all visitors parking come in common areas and have to be allotted as per the byelaws or kept for visitors as BMC have given them free of FSI.
Asked 2 years ago in Consumer Law

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7 Answers

Complain to muncipal corporation against sale of parking slots by builder

 

2) builder da not sell visitor car parking slots 

 

3) you can also file complaint before consumer forum and seek orders to direct builder to provide parking slots as per sanctioned plans and also seek compensation for mental torture undergone by you 

 

Ajay Sethi
Advocate, Mumbai
97392 Answers
7871 Consultations

If the plan approval and OC was approved by BMC then it will be considered as the competent authority where you can submit your grievances in the form of a complaint.

The sale of parking meant for visitors by the builder to the members is illegal and contrary to law.

If the builder himself is the secretary of the association, then you can issue a legal notice to him to refrain from indulging in this type of illegal activity and demand to allot a parking space to you as per the terms and conditions of the sale agreement and sale deed.

Failing to comply or not responding to your demand made through the legal notice, you can approach the registrar of cooperative society or RERA or consumer forum or cooperative court seeking relief.

T Kalaiselvan
Advocate, Vellore
87594 Answers
2352 Consultations

The builder has abused his power as the secretary as well as as a builder by illegally selling the car parking space against the bylaws and law of the land.

He can be dragged to legal forum with an appropriate case seeking relief of cancelling the illegal sale of parking space meant for visitors.

You may first issue a legal notice by including few other like minded members on your side and then fight against him jointly through a legal forum.

T Kalaiselvan
Advocate, Vellore
87594 Answers
2352 Consultations

You can file complaint against society and office bearers  before consumer forum for deficiency in service and seek orders to direct society to provide visitors car parking as per sanctioned plans 

 

2) seek orders to set aside sale of parking slots by builder 

Ajay Sethi
Advocate, Mumbai
97392 Answers
7871 Consultations

Bombay High Court  has held that parking space cannot be sold by builder. By an dated 31/8/10 SC has upheld the order of Bombay High Court. It is also violation of sanctioned plan of BMC and byelaws of society. You have following options…

  1. Submit a complaint to BMC as by sale of visitors parking society has violated the terms of sanctioned plan. Seek cancellation of OC as terms and conditions of IOD have been violated.
  2. If the project is RERA approved you can complaint to RERA Authority.
  3. You can also complaint the Deputy Registrar against secretary as being builder he cannot sell visitors parking space. Seek his removal and appointment of administrator. Seek removal of committee members as they are guilty of violation of byelaws. 
  4. Approach police as builder has violated provisions of Table 15 read with Regulation which stipulates that 25% parking has to be kept for visitors.

Ravi Shinde
Advocate, Hyderabad
4345 Answers
42 Consultations

- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area 

- Further, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the developer, and can get refund from the builder legally. 

- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.

- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members. 

- Further , as per the BMC, Every society /building has to keep 10% of its total parking space for visitors’ cars.

- Further , if societies which do not follow this rule will not get Occupation Certificate from BMC.

- Further, If visitors find that they are not being allowed to park their car, then they can complain to BMC.

- Hence, you can lodge a compliant against the society before the Registrar and also in the office of the BMC. 

Mohammed Shahzad
Advocate, Delhi
14726 Answers
224 Consultations

Visitor parking cannot be purchased by anyone. Only closed parking as per rera is sold and visitors parking are in addition 

Prashant Nayak
Advocate, Mumbai
32781 Answers
209 Consultations

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