Society parking
Anupam Jadhav
(Querist) 21 September 2015
This query is : Resolved
Can MC have rights to create parking in front ground floor flat hall window? please advise on below points what should I do
1) They have puts shades for parking because of that less sunlight is passed in Hall.
2) After opening window we see lots of bike parked.
3) When they park or remove bike from parking acceleration smoke come directly in our house.
4) We open windows after 11 am till all bikes are gone and then we get fresh air and sun light.
5) Because of bike parking no cleaning work is done and if we complained about the dirtiness MC comes to fight with us.
6) Other society members won’t support us because internal politics.
Hemant Agarwal
(Expert) 22 September 2015
1. FIRSTLY, serve "legal Notice", to Society about the illegal Parking spaces, which are not sanctioned by the BMC, and inform them of the Nuisance being caused to your family's health, from the illegal parking slots. Also serve a "legal notice" to BMC and to Fire Dept., about the illegal Parking spaces.
2. SUBSEQUENT to the above, IF the Society does not rectify the problem, THEN file grievance petition before the local consumer court, and claim damages and compensation, for the gross nuisance and risk caused to your family's health, supported by proper documentary evidences.
Keep Smiling .... Hemant Agarwal
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Anupam Lahiri
(Expert) 23 September 2015
Dear Anupam Ji,
Firstly, I would say that the right which you are talking about is a complete illegality. MC of any building has no right to create nuisance to one member of the Society.
Secondly, the creation of the parking spaces is clearly in violation of the Building Regulations.
In view of this, you have to take the help of court by filing a civil suit for removal of nuisance.
Serve one notice to the President and Secretary of the Appartment Owners Association and then if the grievance remains unredressed, you may file a civil suit.
Anupam Jadhav
(Querist) 25 September 2015
Dear Hemant and Anupam,
Thank you for your advise i will send legal notice to the society.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
a clear view can be formed on local inspection of site. Please contact local lawyer.
