Stilt car parking owned by me same has been mentioned in Sale deed Stilt car parking owned by me same has been mentioned in Sale deed

5 months ago

Hi,
I have just now purchased 2BHK flat in Navi Mumbai Kamothe area along with Parking.
I am having allotment letter from builder as well as I have mentioned the parking details in
agreement and sale deed also.
Now can my society committee can Denay to park my car in builder allotted parking space?
Please guide me in such scenario what I suppose to do?

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960.. Bye Law No 172. Complaint application to be submitted to the Society. Bye Law No 173. Committee's action on the Complaint Application - After receipt of such, complaint application, the committee shall take a decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Member, within 15 days thereafter. Bye Law No 174 - If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the Committee within 15 days, the complainant Member may approach the Co-operative Court as per Bye Law No 174(b) of Model Bye-Laws. The Co-operative Court adjudicates the disputes between the Members and/or the Members and Society including the dispute related to parking space amongst others which falls under Section 91 of the MCS Act 1960. So, in the prevailing situation, when you are in possession of all the relevant documents along with the parking allotment letter, follow the above steps provided under the Model Bye-Laws of Society you can resolve your grievance.
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Anik

Responded 5 months ago

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A.Dear client
Ensure that your agreement, sale deed, and any other relevant documents clearly specify the parking space allotted to you. Reach out to the society committee and provide them with a copy of your documents. Explain that you have a legal right to the allotted parking space as per the agreement. If the issue persists, you can submit a written complaint to the society committee, highlighting the details of your allotted parking space and expressing your concern about any denial of access. If the society committee continues to deny you the parking space despite having valid documents, you may need to consider legal action.
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