1. As per layout and construction plan, the DDA had approved building of 166 flats on the plot allotted to Din C.G.H.S. Ltd., under and lease hold agreement. Space, under the flats, was approved as open Car Parking Area, for use of vehicles of the members.
2. Later on, under an scheme, DDA permitted conversion of lease hold flats to free hold flats on payment of specified amount, based on preventive market price of land in different areas of Delhi, under the control of DDA
3. Accordingly, Society flats and other category of flats in Delhi, under DDA, including Dwarka were put under the above scheme and bonafied members asked to avail benefit of the above scheme and get their lease hold flats converted into free hold flats by paying the, one time, requisite amount, as fixed by DDA, in respect of different types of flats.
4. Members who were allotted flats in the draw held on 4th Oct 1998, in respect of Din C.G.H.S. Ltd. were also eligible for conversion of their flats by paying the requisite fees/amount fixed by DDA.
5. As per rule and terms of lease agreement between Din C. G. H. S. Ltd. and DDA, the open Car Parking below the flats should have been allotted to only these bonifide members who were allotted the flats in the draw of lots hold in October 1998, but the previous Managing Committee, in disregard to the above rule, arbitrarily and wrongly, allotted the Car Parking Areas to some who even were not members and created a mess in the allotment of the Car Parking Areas. No norms and guidelines were formulated and Car Parking Areas were allotted in an arbitrary and illegal manner overlooking the legitimate right of bonafide members.
6. As aforesaid, lease hold flats were only allowed to be converted into freehold and not the Car Parking Area which is lease hold area, including the other open area in the Society complex and, as per lease agreement with DDA, is the sole property of Din C. G. H. S. Ltd., to which no member has any right, whatsoever, except for its use as allowed by the Society.
7. Instances have come to the notice of the Society that some members, who were allotted the Car Parking Area have sole the same along with their lease hold/free hold flats. This is on the part of seller and buyer amount to forgery and cheating which is an criminal act. All those who acted in such a manner are in trouble and their cases are being considered by the Society for amicable solution.
8. All members are advised to be careful in future and refrain from the above kind of act in their own interest.
9. Those who have already been allotted the Car Parking Area, would not be permitted to transfer the same along with the sale of the flats. They have first to surrender the Parking Area to the Society and then execute the sale deed after obtaining a no dues/objection certificate. The amount paid by the allottee of Car Parking Area will be refunded, without any interest, after the sale deed is executed and a copy of that produced as proof of sale.
10. Members desirous of having a Car Parking Area would get themselves registered with Society on first come first severed basis, for allotment, subject to availability of Parking Area, against some registration charges which would be decided by the Society, on his/her turn and availability of Parking Area, the members on the waiting list would be informed accordingly. In case he/she declines the offer, the next member on the waiting list will be given the offer.
11. At present the allotment amount for single Car Parking Area is Rupees One Lac fifty thousand which is subject to change without notice in future.
12. The Car Parking would only be allowed for parking vehicles and no for any other purpose whatsoever. Any one found flouting these instructions would be severely dealt with.
SPECIMEN OF AFFIDAVIT
(To be executed on Rs.10/- Non-judicial stamp paper duly notorised.)
AFFIDAVIT.
I, ______________________________s/o of Shri __________________ resident of __________________________age ______, do hereby solemnly affirm and declare as under:-
That the deponent has purchased free hold / lease hold flat bearing No._____in Block ____, in the complex of Din C.G.H.S.Ltd., at Plot No.7, Sector 4, Dwarka, New Delhi-110078 from Shri _______________________s/o Shri ________________ Membership No.______vide Sale Deed No.___________dated___________executed at Delhi on _____________. Along with the above flat ownership rights of open car parking area/garage bearing No._____in Block ______ has also been transferred to the deponent.
That the deponent, later on, came to know that the open car parking area / garage is allotted to a member against payment of specified amount of money for its use to parking his / her vehicle and not for any other purpose and ownership rights of the same remains with the lessee Society, i.e. Din C.G.H.S. Ltd.,
That the deponent was not aware of the procedure being followed by the Society, as aforesaid. And as such the mention made in the above Sale Deed about the ownership right transfer of the open car parking area / garage is erroneous and contrary to the procedure being followed by Din C.G.H.S.Ltd.
That the deponent would face hardships and not be in a position to get the necessary changes/corrections made in the Sale Deed.
That the deponent undertakes not to stake any claim of ownership right in the open car parking / garage No._____in Block ____of Din C.G.H.S.Ltd. which has come to me by way of transfer along with the Sale Deed No.______dated ______executed by Shri ________
S/o Shri ______________in respect of Flat No._______at the premises of Din C.G.H.S.Ltd. Dwarka, New Delhi.
DEPONENT.
S/o Shri ______________in respect of Flat No._______at the premises of Din C.G.H.S.Ltd. Dwarka, New Delhi.
DEPONENT.
VERIFICATION.
Verified on this ____day of _________2008, at Delhi that the content of the above affidavit are true and correct to best of my knowledge and belief and nothing material fact has been concealed therefrom and no part of it is false.
DEPONENT.
DEPONENT.
If such decision was taken by MC in any meeting?
ReplyDeleteThis is reuired to be informed to all members and consent taken preferably in GBM. Rights in leasehold property can be transferred? If Lessor has allowed Din to allocate parking area on payment?
ReplyDeleteThe parking one alotted to the lessor on a payment, it should remain with the flat owner for its use as car parking. The decision, if at all made, for parking to be transferred to the society before sale deed is unfortunate. In that case the Society must pay the market rate of interest on the amount deposited with it to compensate for inflation.
ReplyDeleteI agree with the comments. Since there is price rise in the leasehold flats, similarly the amount deposited by the allottee for Car parking 10 years back is subjected to inflation. The decision to surrender the parking is unfortunate. If at all this decision is taken, the amount deposited has to be returned with market rate of interest. The executive council cannot act in arbtrary manner.
ReplyDeleteDoes the car parking allotment done on first come first served basis or through draw of lottery? So far its always been through draw of lot...
ReplyDeleteThe issue of whether a flat owner can sell the garage or not can be debated. There are different opinions weighing down the pros and cons of the matter. If the decision of the MC becomes questionable and open to debate, I agree that the decision must be put to a fair test before the GBM. But what happens in the meantime? Does the MC permit sale of Sosiety's property by individual members? If so, it would be irreversible damage to the Society. If the decision to prevent such sale is not ratified by the GBM, a few individuals may have lost money but the Society would still stand to gain. In my opinion, that is the essence of cooperative living - "collective good prefered over individual benefit"
ReplyDelete"he decision, if at all made, for parking to be transferred to the society before sale deed is unfortunate."
ReplyDeleteThis is not a decision taken by the management committee, it is the law of the land. The management committee did not create, it is the first committee that has a moral standing and wants to do things correctly as per rules laid out by the government of India.
It is fair to want the society to pay market rate, but what about righteousness? Given that mindless profiteering has been going on illegally, the society might have to pay for something it could not prevent because people did not put each other before profits.
At the same time, I think we should all recognize that the current management committee is trying to do what is right. It is being completely transparent about all its dealings. And what I do not see here is a single word of appreciation for a job done well.