Car parking in housing society
tapas
(Querist) 12 September 2012
This query is : Resolved
Sir,
Our's is 257 member -3tower buildings with car parkings at basement and on podium. Builder has sold parkings to memers till the date of handover and society formantion. He has sold 2parkings for many members and 3 parkings for few member. Some members who purchase late ( like me), after formation of society, no parking space is left out. Inside society premises some open space is there which can be made into additional parking for left out ( about 20). Now society is not taking any interest to allot parking space to me ( only 4-5 members are approaching the society for the parking). I have written 3 application in the last 1 year and 2AGMs are over but no response and no discussion at all. I have requested the society that the expenditure on this account I am ready to pay. Many members are strictly against creation of new parking space. In the meantime, those who are having more than one parking space, it is offered on monthly hefty rent. Also few members selling the space at hefty price to other willing members maintaing more than one vehicle and relatively old and known to others. Also the security personnel are instructed not to allow cars inside society without confirmed parking space inside, and they are simply insulting stopping us at the society entrance gate itself and pleading that I need to drop my old mother and so forth, coming inside with the car for few minutes. Under this circumstances feeling helpless with the car and felling restless regarding action need to be taken. Afraid that being part of minority members, society may resort to highhandedness in other matters. Please help and advice about the direction to act.
Regards.
ajay sethi
(Expert) 12 September 2012
contact a local lawyer . issue legal toice to society. please note builder has no power to sell car aprking slots . society can set aside allotment made by builder .
ajay sethi
(Expert) 12 September 2012
you can move cooperative court against the society to direct society to follow bye laws for allotment of car parking slots
Hemant Agarwal
(Expert) 14 September 2012
1. Affairs of a cooperative society is conducted on equalitable formula. Hence allotment of 2 or 3 parking slots (by who-so-ever) to selected members and nil parking slots to some members, is against the preamble of the cooperative movement.
2. The Mumbai Consumer court has already passed orders on such issues pertaining to arbitrary parking practices in housing societies, citing the supreme court wherein the SC has held that stilt / open parking spaces cannot be sold by anybody (including the builder and the society)
Keep Smiling .... Hemant Agarwal
