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Deepak (Sr. Software Engg.)     28 September 2024

Common area under building for parking vehicle

Dear Respected Members,

In our co-operative housing society, few old members forcefully claiming that common area in front of their allotted car parking belongs to them. Rather committee informed that common area in front of member's allotted car parking does not belongs to them and also builder has not mentioned about sale of common area in front of allotted car parking in the agreement. Still few old members are doing 'DADAGIRI' and not allowing to park vehicles (two wheeler) in the common area in front of their allotted car parking. Also committee members are supporting such old members and society manager also threatening not to park in the common area of such old members.

I am new member in the society, one of the tenant of old member hit my two wheeler parked in the common area, damaged my vehicle and not ready to repair it, also committee is not taking any action.

In such a case, whom should I complain and seek the justice.

Regards,

Deepak



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 September 2024

If your vehicle is damaged by someone, how do you expect the society to take action against him.

You take legal action by issuing a legal notice to him to compensate the damages or to face legal action through police or court of law.

After that you can lodge a criminal complaint against him with the local police for intentionally damaging your property and he can be booked under damaging private property act. 

This will wake up  the society members also to remind about their ignorance on the subject and the legal consequences that they may have to face if they are impleaded to such an incident in future. 

1 Like

Dr. J C Vashista (Advocate )     29 September 2024

There is no difference between "old" and "new" member in a Society, all are on equal footing qua common area.

Take appropriate legal action against "dada giri" of errent member(s) seeking professional services of a local prudent lawyer.

1 Like

Deepak (Sr. Software Engg.)     29 September 2024

Respected Members, 

Thank you so much for your valuable advice. 

Regards, 

Deepak

T. Kalaiselvan, Advocate (Advocate)     29 September 2024

You are welcome for your appreciations.....


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