Under Section 78 of MOF Act, The allotment of parking space/ stilts shall be made by the Managing Committee on the basis of ‘first come first served’ for unsold and available parking spaces.

In a recent judgment by the Maharashtra State Consumer Disputes Redressal Commission authenticated the Cooperative Housing Societies that they can redistribute parking spaces sold and allotted by the Developer after adopting a suitable bye-law. The Commission ruled that the allotment of parking space is a matter that has be decided by the Housing Society. The Commission’s verdict was delivered on February 21, 2012 while deciding a complaint filed by Thane-based elderly couple.

The complainants who had purchased a flat in one of the Housing Societies in Thane, had approached the Commission in May last year after they were physically restrained by employees of the Developer from parking their vehicle in a stilt parking space sold to another flat purchaser in the same Society. The complainants alleged that they were thereafter compelled to park their vehicle outside the Society compound.

The Commission ruled that Managing Committee of the Cooperative Housing Society can now decide fresh parking arrangements by cancelling the allotment of parking spaces made by their Builder by adopting a suitable bye-law.

The complainants sought compensation from the Developer for selling parking spaces in breach of provisions of the Maharashtra Ownership of Flats Act, 1963. The Developer contended that he had never agreed to sell or allot any parking space to the complainants.

The Commission discarded the Developer’s contention, reiterating the settled legal position that the Developer cannot sell or allot any parking space, which forms part of the common amenities of the Housing Society.