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Puneet (Manager)     29 October 2014

Car parking charges for tenants

I’m residing in cooperative housing society as a Tenat. My Landlord & his family members has 3 flats in the Society. He & his family members are residing in 2 flats and given a flat to me on lease and licence basis. My Landlord does not have any Car. I own a Car. In the last AGM society has passed a rule where in the non members / tenants have to pay parking charges of Rs 1500/- p.m. while the members have to pay parking charges of Rs 100/- p.m. There is no shortage of parking. All the cars in the society are parked easily. And parking space can accommodate minimum 5-6 more cars.

 My Landlord is ready to help but wanted some legal grounds to challenge the rule passed by the society.

 Request you all to let me know

  1.  Whether society can Charge differential rate from members and non members for parking vehicles.
  2.  If not,  then what steps my landlord should take to challenge society. 

My Landlord has given a letter to society stating he has taken my car on rent from me for Rs 4000/-  per month. And the said car is parked in his capacity and not in my capacity.

Still the society is not agreeing to it.

 

What further course of action you all can suggest

 


Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 November 2014

Are you in Maharashtra or in any other State. If you are in Maharashtra and your Society is governed by the Maharashtra Co-operative Societies Act, 1960, there is law for levy of parking fees from members. There cannot be any discrimination between member and member for such levy. But you are not a member. You are only a sub-tenant. The law is silent on whether any discrimination can be shown against a sub-tenant. You have to try in a court of law. You can do even that only if your landlord who is a member co-operates with you. Good Luck.

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