Parkign charges
GOPALAKRISHNAN RAJAGOPALAN
(Querist) 20 March 2012
This query is : Resolved
Our society had taken over the stilt parking spaces after the Supreme court in 2010in the AGM. Thereafter these stilt parking was allotted to needy members owning four wheeler on refundable deposit of Rs.10000/-and the mainthly parking charges of Rs.200/-. There are 7 stilt parking and only four members owning four wheeler. The stilt parking is allotted only to the memeber owning four wheeler. The members with two wheeler including the members who are holding stilt parking are charges Rs.100/- per month for their two wheeler parked in the Society. Members who are allotted Stilt parking opine that since they parking the two wheeler in the stilt parking allotted to them there should be no charge on them. Alternatively two wheeler should be parked in open as no stilt parking is allotted to these members and should not be allowed to park in the vacant stilt parking.
Besides earlier prior to taking over of the stilt parking members who allegedly owned some stilt parking were charged parking charges irrespective of the fact that they owned no vehicle. Hence it was resolved in the AGM that parking charges paid by such members shall be refunded retrospectively from the date of the Supreme court judgement i.e. 31st Aug 2010.
However some members want the refund to take retrospective effect from the date of purchase or formation of the society i.e.1983, which has not been accepted as there are norecords available and also it is difficult to ascertain whether the member owned any vehicle during the period or not. kindly guide us in the matter.
ajay sethi
(Expert) 20 March 2012
no refund can be given from retrospective effect .ie from 1983 they have enjoyed parking slot for so many years .
if any member is aggriveed by decision of society let him move court for reliefs
Raj Kumar Makkad
(Expert) 20 March 2012
It is better to refund the charges with effect the date Hon'ble Supreme Court gave its historic decision that stilt parking place are not meant for sale instead of 1983.
Shonee Kapoor
(Expert) 21 March 2012
Though I am not aware about the said judgment, it seems the opinion of Ld. Makkad is right.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 21 March 2012
Max limit of refund cannot exceed 3 years.
Parking cannot be free, as watchman have to open gate widely every time vehicle enter or leave, and take reasonable care who touch it
