Car parking
Vishal Jain
(Querist) 26 December 2020
This query is : Resolved
Dear sir ,
We have 2 buildings in our society . The 1 st one is the tenant building and the 2 nd one is the ownership building made by the builder .
We have issue of car parking . The tenant are taxi drivers and they own around 30 taxis and they park their taxis in the common compound .
We wish to know if the taxis can be parked in coop societies or is there any legal way to stop them from parking those taxis .
Pls I need a reply very urgently and I would be obliged to you
Vishal Jain
(Querist) 26 December 2020
I would appreciate your suggestion and advise ...
Anil Satyagraha
(Expert) 26 December 2020
26-Dec-2020 Sat, 08:35 PM
Given the facts and circumstances, here are some thoughts.
1. Issue a legal notice from Co-op Society calling upon the Opposite Party to "Cease and Desist" from nuisance due to extravagant parking
2. Issue a legal notice from You calling upon the Opposite Party to "Cease and Desist" from parking over 30 cars
3. Call for a General Body meeting at the Co-Op Society (1) Discuss the matter with other stakeholders (2) Obtain a resolution seeking a parking fees which is a monthly maintenance fees for each vehicle parked and a non-refundable security desposit amount for each vehicle parked in the common compound.
4. Issue a legal notice from Co-op Society calling upon the Municipality to report on the pollution due to extravagant parking
5. Upon completion of the aforesaid, you would get a cause of action in Civil Court under Society Act (in your State) as well as High Court - whereby you may ask for an injunction, damages and any other relief in the interest of Justice.
P. Venu
(Expert) 27 December 2020
Tenant building! Who owns the building? Is the builder still managing both the buildings?
Vishal Jain
(Querist) 27 December 2020
Yes both buildings are managed by the builder .
We have formed society in ownership building recently
P. Venu
(Expert) 27 December 2020
The Society may seek from the builder proportionate area in the parking ground.
Vishal Jain
(Querist) 27 December 2020
Builder is not ready to resolve the matter and he has not given land conveyance also . We the society members have formed the society without consent from builder . The coop society is formed by us directly .
I just want to know is there any way we can stop the tenants from parking this commercial taxi in the compound .
Dr J C Vashista
(Expert) 28 December 2020
Be clear whether it is cooperative society or builder's flats since both are governed by different laws ?
How can the buildings be demarcated as "tenants" and "owners" as stated by you ? Unbelievable.
It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
Vishal Jain
(Querist) 28 December 2020
Dear sir ,
We have 2 buildings in our common compound . Out of which 1 building is a old tenant building and another one was developed by builder and sold on ownership basis .
The builder has not done land conveyance for the same and also he was not willing to form society .
We the owners approach the registrar of societies and got our society formed without his consent . Now finally the society is formed but land conveyance is still pending .
I hope this will help you to anayaluse the actual picture .
I just want to know if there is a law to stop parking of commercial vehicle like taxis from parking in the society in any way
P. Venu
(Expert) 28 December 2020
Your priority ought to be in securing what is due than preventing others from overreach.
Rajendra K Goyal
(Expert) 29 December 2020
Repeated query:
https://www.lawyersclubindia.com/experts/parking-issue--727056.asp
Dr J C Vashista
(Expert) 30 December 2020
You have already been obliged by experts.
However, if you are not satisfied with FREE OF COST opinion and advise of expert on this platform it is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
It is absurd and ridiculous to repeat same story time and again.
