Homebuyers gets parking protection in space dispute
Two homebuyers in Maharashtra, Mr and Mrs Mahey from Borivali (West), have retained their parking rights after a dispute with their housing society. The society had taken away their parking space, claiming it was allocated by the builder and they wanted to implement a new parking policy. The case involved Mr and Mrs Mahey's flat in Phase-1 of a housing project, which they purchased directly from the builder in 2009.
The society introduced a 'First come, First Served' parking policy in 2024, following byelaw No.78(a) and (b), and requested parking allotment letters from all homebuyers. Mr and Mrs Mahey had painted their parking spot with their number, leading the society to send them a letter asking for an explanation. An interim protection order was issued for their parking space until the dispute was resolved.
The Phase-1 society argued that the parking space was part of the society's property, while the builder claimed it belonged to the recreation ground, and the Phase-2 society claimed it was one of their 18 parking spots. The Maharashtra Co-operative Appellate Court ruled in favor of Mr and Mrs Mahey, finding that there was a prima facie case in their favor and that the balance of convenience lay with them.
The court dismissed the society's appeal and confirmed the interim order, restraining the society from interfering with their parking space.
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