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Even if the parking is purchased by paying lakhs of rupees, the parking society can take it away and give it to other members.
It is illegal for a builder to sell a Society Car Parking to a customer by deed, letter or allotment in deed. 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 in the common area and is owned by the society.
Society Car Parking The society can decide who to give parking to, not the builder.
Society Car Parking Builder cannot sell parking.
The Additional Consumer Commission of Thane has recently given a complete verdict that even if a person has paid lakhs of rupees to the builder, it is mentioned in the contract, even if the builder has given an allotment letter, the society can take back the said Society Car Parking and give it to another member.
So new customers who buy flats should not buy Society Car Parking at all.
Society Car Parking Builder cannot sell parking.
Even if you pay lakhs of rupees for Society Car Parking, society can take away your parking and give it to another person. Where there is less space for parking, society can provide parking to members on a rotational basis.
The members, flat customers who have paid lakhs of rupees to the builder and bought the Society Car Parking should give a notice to the builder and reclaim their money with interest. You can file a case against these builders if they don't return the money by giving a notice.
Society Car Parking Builder cannot sell parking.
Also, keeping in mind that we have been cheated, we should file a case of fraud against that builder as per Indian Penal Code. According to the MOFA Act, you can file a case against the said builder.
If the police refuse to file a case, you can file a complaint against the Thane Ammaldar of the said police station under IPC Section 166 to the Assistant Commissioner of Police or to the Commissioner of Police. Also you can file FIR online. Finally, you can go to the court and get an order from the police to register the said crime. No lawyer is needed for this.
Society Car Parking Builder cannot sell parking.
If you need free guidance in this regard, you can contact Akhil Bharatiya Karsha Panchayat.
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