Legal Question in Real Estate Law in India

Our society (CHS) had passed a order few months back with respect to allotment of unreserved open parking space on a first come first serve basis for a lump sum amount (one time only). However, in the allotment it had been mentioned that the CHS can take back the allotted parking space from the member on "justifiable grounds". I paid the said consideration to the CHS through cheque and was allotted the parking space. However, recently the CHS has altered the rules for allotment of parking space and has decided to allot the same on a lottery system for a fixed annual consideration (recurring yearly charges). Hence, the CHS has asked me to return the parking space allotted earlier and they shall refund the amount paid by me earlier. However, I don't want to return the said parking space since I had already paid the amount demanded by the CHS. What options do I have now?

Please note that the said parking space is the 2nd parking space allotted to me & in our society all the members have atleast one parking space reserved. The lottery system would also be for 2nd parking spaces for the members.

I reside in Mumbai.


Asked on 4/26/13, 1:33 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

26.04.2013

Dear Sir / Madam,

If the matter is not amicably resolved by the Society, you may complain to the Registrar.

Regards,

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Answered on 4/26/13, 3:24 am
Jayesh Desai Jayesh Desai

I concur with Mr. Chavan.

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Answered on 5/02/13, 11:36 pm


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