O R D E R

The petitioner is an Association whose members opted to purchase 62 flats in a self-financing house scheme floated by the second respondent individually. As per the scheme, the entire cost of the flats has to be paid, and an agreement too has been entered into by the second respondent with each of the members of the petitioner's Association.

2. The agreement inter alia provided that the flats would be delivered to the purchasers thereof only upon they paying the entire sale consideration. In the context of the present case, Clause-22(a) is relevant which reads as below :

"22(a). The purchaser of the flat shall make his/her own arrangement to park their vehicles (i.e.,) to park the cars either in the stilt area and to park the two wheelers in the space around the blocks of flat."

3. The schedule provides sale of undivided share in the entire plot to each of the purchasers of the apartment. It is in this setting, the third respondent had come out with a notice dated 07.06.2022, wherein it demanded the cost of the parking area and the stilt area. According to the petitioner, this is illegal on two scores:

(a)that there is no specific term in the agreement; and (b) that the member