Vijay Kale
My question is related to my “potential” purchase of a 3bhk flat in Pune, Maharashtra.
This is a resale flat in a scheme where society has formed 2 years back. All legal documents are clear. The cost owner is quoting is significantly less than market rate (good for us) because he never purchased parking from builder and now after society formation, has no allotted parking.
My question is, if I purchase the flat and ask the society to “allot” a 4-wheeler parking space in common space available, can I get it for free. Assuming it’s difficult (and I enquired, it is so) can I put forward this “free allotment of 4-wheeler parking” as my legal right in consumer forum?
You will be best equipped to provide me information as I feel I may not be the first person potentially going through this situation.
I C Naik
Right of allotment of available parking space is governed by bye laws of the Society extracted from Model 2009
78.(a) Member may hold Parking Spaces/stilt if he is allotted the same and he shall have a right to sell the same to transfer the same to transferee or other eligible members of the same society.
(b) The allotment of parking spaces/stilts shall be made by the committee on the basis of “ First come First Served”for unsold and available parking spaces. However in case of Parking Spaces/stilts allotted by the society, the member shall have no right to sell or transfer the said Parking Spaces/stilts to any body.
79.No member may be entitled to utilise more parking spaces/stilts than what is allotted to him by the Committee
80.Where any stilts have been built or open space in the Society’ compound is available for parking of cars, the Society shall number the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the Society. The committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.
81.A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any stilts or parking spaces remain un allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilt/parking space should be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.
82.In case the number of vehicles of eligible members are in excess of the available parking spaces/stilts, the Managing Committee shall allot such parking spaces/stiltsby ‘lot’ on yearly basis.
83.The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the society giving necessary details. The procedure for disposal of application for permission under this bye-law, as laid down under the bye-law No. 65,67, shall be followed by the Secretary and the committee of the Society.
84.Every member who has been allotted the stilt or the parking space, shall be required to pay the parking charges at such rate as may be decided by the general body of the society at its meeting, irrespective of the fact whether the actually park his motor vehicle or not. Where a member has been allotted more then one stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.ye Laws.
If you are deprived of Parking space in breach of these bye laws you can approach consumer court for deficiency in service by the Society.
