Legal Question in Civil Rights Law in India

My building in Santa Cruz Mumbai is 7 years old. I have 2 flats in the building of which 1 is leased with the covered car park. The Builder had given us 1 covered car parking at the time of construction. He later sold us an open car park. However the secretary of the society has been parking in the open spot allocated to me saying that as per the Byelaws the builder cannot allocate open car parkings and the society decides on the car parking allocation. I have a letter from the builder alloting the car park to me before the society was formed. However the society says that as per the Bye laws since I dont have a car I am not entitled to he car park. The chairman has only 1 flat however he has 2 car parkings. Is the society justified in denying me the car park inspite of having 2 flats? Is not each flat entitled to a car parking? and can the society overrule a letter issued by the builder even before the society was formed?


Asked on 8/09/09, 2:43 pm

2 Answers from Attorneys
KAMAL GROVER

You may go as per bylaw of the society, but in your case you can file a case coz builder has also sold you the land for carparking and it is your right on that place. Moreover as per bylaws of your society, you can occupy two car parking places except the purchased one.

Your further clarification is welcome at nominal fee at;

[email protected]

Advocate

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

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Answered on 8/09/09, 11:04 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If the car park was "sold" to you, the society may not deprive you of the same. You may want to take appropriate action in a court of law.

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Answered on 8/10/09, 10:59 am


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