Parking charge for member [charges applicable only to selected member]
Kumar 2022
(Querist) 10 October 2014
This query is : Resolved
Hi,
I have 3 queries.
I purchased a flat in Pune in 2009.
I did not purchase parking space, as I did not have a vehicle.
Now, society is allotting open parking space for those who do not have parking as well as additional parking for those who have more than one vehicle.
Now effective Oct-2014, our society has started charging Rs 1800/- per month per parking space. (Applicable only for new allotment. Not applicable to those who already have a reserved parking.)
The parking charge is NOT applicable to those who have already purchased parking from the builder. It seems to be injustice.
My query is:
1. Can society apply so high charge Rs 1800/- per month only for those who does not have even a single parking space ?
2. How society can justify Rs 1800/- can be justified for charges ?
3. The majority of the members agree with the charge as they have already purchased the parking and nothing extra is going out of their pocket. In this case, how to defend in the AGM ?
ajay sethi
(Expert) 10 October 2014
1) parking charges seem to be exorbitant . whether any resolution passed in AGM fixing car parking charges?
2) builder has no powers to sell the car parking slots .
3) if you are aggrieved by society decision move cooperative court for necessary reliefs
Kumar 2022
(Querist) 10 October 2014
Thanks a lot Ajay.
If I park my car in society open area then society charges Rs 1800/-.
However, the charge is not applicable to those members, they claim, to have purchased
the parking area.
How society CAN charge to those who do not have parking and CANNOT charge to those who claim to have purchased the parking area?
AGM is going to be held in No-2014.
Kumar 2022
(Querist) 10 October 2014
Thanks a lot Ajay.
If I park my car in society open area then society charges Rs 1800/-.
However, the charge is not applicable to those members, they claim, to have purchased
the parking area.
How society CAN charge to those who do not have parking and CANNOT charge to those who claim to have purchased the parking area?
AGM is going to be held in Nov-2014.
ajay sethi
(Expert) 10 October 2014
as per SC decision builder has no powers to sell car parking slots . you can move consumer forum against society if you so desire
Rajendra K Goyal
(Expert) 10 October 2014
Move to cooperative court if aggrieved with the car parking charges. Move to competent court for cancellation of sale of car parking slots.
R.K Nanda
(Expert) 10 October 2014
agree with experts.
Kumar 2022
(Querist) 11 October 2014
Thank you Sir..I have another question, I have a property tax document on my name from PCMC (Pune mahanagarpalika), which says
Property Description : RCC 893 Sq Ft and Parking 107 Sq Ft.
Does it mean that I already have a parking ?
If so then am I authorized to use one parking space in the society ?
ajay sethi
(Expert) 11 October 2014
yes it appears you have a parking slot in the society . obtain copy of building layout plan from PMC
Kumar 2022
(Querist) 11 October 2014
OK..thank you so much.. fortunately I found my property tax papers today..
I have a sale agreement and I am not sure on what basis/capacity I can demand the building layout plan from PMC.
Could you please guide on that ?
If I show my PMC property tax paper to the society, will they not allocate a space ?
ajay sethi
(Expert) 11 October 2014
as member of society you can ask for building plans sanctioned by corproration , layout plan etc file RTI
Kumar 2022
(Querist) 11 October 2014
Thanks a million..my last query still remain..I promise I will not trouble you again and again...
This is my last query..and I really thank you and appreciate your response.
If I show my PMC property tax paper which indicates about Parking space (107 Sq ft) to the society, will they not allocate a space ?
Hemant Agarwal
(Expert) 06 October 2015
1. Parking space CANNOT be Sold by Builder AND further CANNOT be Purchased by Flat-Owner. Both the activities are illegal and criminally punishable, for violating laws of the Land.
2. PMC CANNOT allot Parking slot. PMC cannot designate Parking Slot against Flat Nos. Building plans can only delegate so and so number of Parking slots, BUT it cannot be classified as Parking slot against so and so Flat no. ALL "parking spaces" are classified as "common open spaces". Society pays property tax for all "common open spaces", the money for which is collected in equal proportion "equally from all members". Hence PMC ear-marking Parking slot against Flat no. is false. There is an exception to FSI dominated "GARAGE" and such Garages can be purchased and sold and a separate "membership /share certificate" has to be mandatorily allotted to the related/linked Flat owner.
3. Society CANNOT Sell Parking to its members and either collect ANY funds in the name of Deposit OR whatever.
4. Society has to mandatorily collected EQUAL parking charges from all members. Anything contrary to this could be classified as "discrimination" and deficiency, which be successfully contested in the local Consumer Court.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Kumar 2022
(Querist) 17 October 2015
Thanks a lot Hemant Agarwal sir.
