Society - Society Car Parking Builder cannot sale parking.
Even if parking is purchased for lakhs of rupees, it can be taken away from the parking society and given to other members.
The builder's act of selling, lettering or allotting to the customer in connection with the Society Car Parking parking agreement is illegal. The Supreme Court has given an important verdict in this regard.
(CIVIL APPEAL NO. 2544 OF 2010).
The Maharashtra Flat Ownership Act, 1963 clearly provides that parking, open space, terrace etc. falls within the common area and is owned by the society.
Society can decide who to give Society Car Parking parking is not a builder.
Society Car Parking Builder cannot sale parking.
The Additional Consumer Commission in Thane has recently given a full verdict that even if a person has paid lakhs of rupees to the builder, the contract mentions the same, the builder has given an allotment letter, the society can take back the said Society Car Parking parking and give it to another member.
So new customers who buy flats should not buy Society Car Parking parking at all.
Society Car Parking Builder cannot sale parking.
Even if you pay lakhs of rupees for Society Car Parking parking, the society can remove your parking lot and give it to other people. Where there is less space for parking, the society can give parking to the members on a rotation basis.
The members who, the flat customers have earlier bought the Society Car Parking parking lot by paying lakhs of rupees to the builder should give a notice to the builder and withdraw their money with interest. If these builders do not return the money by giving notice, you can file a case against them.
Society Car Parking Builder cannot sale parking.
Also, keeping in mind that we have been cheated, we should file a case of fraud against that builder under the Indian Penal Code. But you can file a case against the said builder as per Mofa Act.
If the police refuse to register a case, you can file a complaint against Thane Amaldar of the said police station under Section 166 of the IPC with the Assistant Commissioner of Police or the Commissioner of Police. Also you can file FIR online.
Finally, you can go to court and take an order from the police to register the said crime. No lawyer is required for this.
Society Car Parking Builder cannot sell parking.
If you need free guidance in this regard, you can contact All India Consumer Panchayat.
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