Manisha Kanade
Thane West Maharashtra
Flat size 852 /-sq. ft
Possession of flat as per agreement 2006.
Possession not given till 2008.
OC obtained in 2011.
Society formed by builder in Jan 2014
Total no. of flats : 47
Flats more than 70 m = 12.
Flats more than 35 m and less tha 70m : 36
DC rule of Thane Municipal corporation states as follows:
Above 70m – 1 parking
2 flats above 35m and below 70m – 1parking
There are 33 stilt and covered parking. This covered parking is not a garage.
There are 2 bldgs, in the project. The first building is complete and OC is obtained. Second bldg is under construction It is under construction since 2008 and may take another 2 years to complete.
Builder has sold parking spaces stilt and covered to flat purchasers. (32 out of 47)
He has alloted 2 parking spaces to some of them (stilt/covered).
Builder gave false information while registering the society. He owns one of the flat in the first bldg. While registering the society, he has shown this as sold but no stamp duty paid document was produced by him. The flat is occupied by his nephew. He was made member in the society. He was paying the maintenance as well. When we raised this issue with the registrar, Society has now updated their records and shown his flat as unsold and stopped accepting his cheques. But he is alloted a parking space by the builder in the stilt. The parking space is big enough to accommodate 2 cars.
Managing committee members and members who have bought parking spaces are hand in gloves with the builder to save their parking.
Now society is formed. Builder has not done conveyance . Builder is paying property tax for the open space. There is an AGM on 28th Sept, 2014. In the agenda, society has mentioned the following point on the agenda. “To discuss and levy parking charges to 2 and 4 wheelers.” It has now marked the open spaces.
Society has kept the stilt and covered parking allotment done by builder intact and is now marking open spaces.
Can the society allot the open /stilt and covered parking spaces considering the fact that conveyance is not done and the parking statement is common for both the buildings?
We had filed a case against the builder in the consumer forum for not fulfilling the statutory obligations, deficiency of services, parking. He formed the society in Jan 2014.
He had mentioned one assured parking space in the advertisement (Brochure) given to us. Now the society and builder are planning to give us one open parking space. Are we not eligible for stilt parking space? There are sufficient no of stilt and covered parking as per the DC rule. Then why should we not get stilt parking.
Can we approach the Thane Municipal Corporation for parking issue?
Can we file a criminal case?
I C Naik
The Supreme Court has held that Parking sold by Builder is not binding on the Society. The General Body can frame parking policy.
Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd. on 31 August, 2010 “The promoter has no right to sell any portion of such building which is not `flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell `stilt parking spaces’ as these are neither `flat’ nor appurtenant or attachment to a `flat’.
The Members have to put up an all united fight (HC/Consumer Court) against Builder, which is generally difficult. But even one member can go to consumer Court and fight without taking Advocate Services also.