Charging of Parking fees
Ajjay
(Querist) 13 November 2010
This query is : Resolved
I am staying in Kandivali Mumbai. The Society is newly formed and the builder still has some unsold parkings in the building.
Since Last 6months, I park my car in one of the unsold parking which belongs to the builder.
But suddenly in this month's maintenance bill the society has charged me for parking my car in that place.
Please let me know whether
1. The Society has the legal right to charge me the rent for the parking which legally doesnt belong to it?
2. What action I can take against the society for including such illegal charge in my maintenance bill.
3.What section/sub-section of the law & punishment applies to such an act of the society.
Thank You
Regards
Ajay
adv. rajeev ( rajoo )
(Expert) 13 November 2010
What the bye law says it is to be looked in to. If there is no such clause in the bye law then builder cannot claim the parking charges from you.
You deny to pay that, if he continued his illegal activities then file an injunction suit not to collect the parking charges
Devajyoti Barman
(Expert) 13 November 2010
1. No unless the builder permits the Society to do so.
2. You can lodge complaint to the Registrar of the Cooperative Society.
3. The Rules and bi-laws of the Society as directs.
Kirti Kar Tripathi
(Expert) 13 November 2010
it will depend on not only by-laws of the society but on contract between society and builder too. if there exist any condition in the by-laws or contract, it can charge otherwise not.
Parthasarathi Loganathan
(Expert) 13 November 2010
