Allotment of Parking Space by a Group Housing Society
I am a member of housing society registered under U.P. Cooperative Societies Rules, 1968. The society constructed a housing complex in 2001. It has 43 stilt parkings and 30 open parkings. While allotting the flats to members in 2001, the society allotted 43 parkings on a lump sum payment to interested members through a draw. The open parkings are available as a common facility for any members or his occupants to park their vehicle. Now, the members who are not having stilt parkings are demanding that the open parking be made a dedicated parking free of charge by allotting to them individually. The following question arises.
1. Whether the members who are not having stilt parking are right in asking a dedicated parking free of charge?
2. Whether space available for open parking is not a part of common facility?
3. Can the society allot common facility to any member free of charge?
4. Whether recent judgment of Supreme Court in Nahalchand Laloochand Pvt. Ltd. Vs Panchali Housing Co-operative Society which bars sale of any common facility by builder or promoter will come on the way?
5. Whether the housing society will come under category of builder or prompter?