Parking issues in mumbai housing societies

please give me ur contact number. I want to take 5 minutes in total to ask you a query relating to car parking.

vishal

Ours is a CHS in Mumbai, having member of 100+.

In my case i have 1 flat & 1 car parking allotted by old managing committee of Society, which was acomodated between 2 open car space allotted to an member (A) by builder earlier,

Member (A) use to purposely leave less space, so tht my car should not enter in the allotted space due to which I was not able to park my car in the space allotted, due to repeated verbal request, the situation remained the same, hence giving me no option but to park my car in the visitor parking of the society for appx a year, now since the old managing committee was disolved, Member (A) has become Hon’ sec of society with new managing committee, & asked the recent alloties of car parking done by earlier managing committee including myself,  to surrender the old car parking allottment letter to the society, stating that they are working on the revised car parking plan for the society. & asked me to remove the car from society’s premises till the new parking being developed (not time frame set), post that they would May or maynot allot new/revised car parking space, upon avaibality of space.

There are cases in the society where people are having more than 1 open car parking space against the no of flats. Hence as per bye laws laid by MCS-Act-1960-society-bye-laws & MAHARASHTRA OWNERSHIP OF FLATS Act 1963 & by the latest guidelines lay by Supreme Court to allot 1 car park per flat. I am entitled to have atleast 1 car parking in the premises of the society for my car. Pls advice the further course of action in the above case.

i have surrendered my original parking doc With RC book to new committee.

Dear Mr. Deepak,

I am citing the relevant parking laws for CHS for your reference, believe these will be helpful:

Good Luck,

Kishor Mehta

Dear Mr. Deepak,

I am citing the relevant parking laws for CHS for your reference, believe these will be helpful:

Good Luck,

Kishor Mehta

Dear Sir/Madam,

My complex has 8 buildings in it and we have only common garden facility in it, otherwise societies are different for all societies. i own a car and pay charges to my society for it now the issue is in the common road space the other building society person parks his car and due to that it is difficult for us to move car properly and that person is arrogant and never listen to our request to shift his car and same is the case with their society so can you please advise me what step i can take to tackle this?

Thanks,

Deepak

If there is a dispute between two persons or two parties and they are not able to come to a settlement the only recourse available are going to police or to the court,  to use physical force to move the person who is in the wrong. In the type of cases stated by Mr. Deepak there are not clear laws. Even if there is a clear law and the one who is at fault doesn't  comply with the law, only courts can order physical force for compliance.

Sir,

The ideal solution for your problem is to approach local police station with a written complaint. 

Good Luck

Kishor Mehta

Thanks Sir, for the responses but can you please tell me why police station will help me in this case? since it is inside the complex and not on the road so will they entertain me? can i approach Registrar or somebody on this? or what should be steps/procedure to be followed before i go to police station like do i need any written complaint copy send to society etc since i have communicated with them orally in past.

Sorry bother you again and again

Sir,

If all the separate societies in the complex have formed a federation, you can approach the federation for a solution. Else you have to approach the police with a complaint of criminal intimidation and the police will definitely take action.Inside or outside of the complex does not matter in case of a police complaint.

Good Luck,

Kishor Mehta

Thanks a ton Sir, i will try both the solution given by you.

Thanks again for your help.

As suggested by all, I filed a petition in Consumer Forum court in 2012, and till now was attending all adjourned dates personally. Only once the judge heard both the lawyers and reserved a date for order. On the date of the order, the case was postponed to March without giving any reason & the case papers were asked to be re-submitted again by both parties. All my papers are in order, & given in a proper format which runs into several pages through a very prominent lawyer.

Before this the society people had warned me verbally NO MATTER WHAT WE SHALL THROW YOUR CASE OUT. WE ARE NOT FOOLS IGNORANT OF LAW. WE KNOW WHERE & HOW TO MANIPULATE.

Now this shows the system which unfortunately can be twisted to the unlawful people's side. That is why people take law as some idiotic phrase & do exactly as they please.

Sir,

I can understand your dilemma, but do not lose heart or spirit. The judgment is bound to be in your favour, however in case of adverse judgment, please take the matter further in appeal to the State Consumer Disputes Redressal Commission.

When once you have started the fight please take it to its logical end. One is never defeated till he accepts defeat.

Good Luck,

Kishor Mehta

The original post was by Mr. Kersi. Afterwards many others have intruded into this space. Though all of them relate to car parking each case is different. If one wants to answer one gets confused. If should not become a free for all. If others have complaints they should give separate independent posts.

Mr. Kersi has come again after a long gap. May I know what was the complaint before the Consumer Forum about. Is it against the Managing Committee for not allotting him a parking slot? Or is it against others, who claim to have purchased a parking slot from the Builder?

Unlike a civil court, the Consumer Protection Act have provisions only for certain type of complaints. Also a complaint can be made only against those who come under the collective definition of "the Opposite Party" under the Act.

In my experience Consumer Fora are very fast provided only the appropriate types of cases are taken there.

The case was against the Society for taking outsiders cars (related to the Chairman, Secretary, Treasurer & other members who are goody goody to them. Right from the time they got the notice from the court they have been verbally threatening me proclaiming judiciary system is in their control. When the time arises they'll act accordingly to quash my case. Parking is at their control and security is instructed to allow & disallow vehicles at their whims & fancies. Some flat owner have four slots reserved, some three, some two, some have no cars & that is what is used by these MC people. Once in a hearing, when the judge asked they (Society Lawyer) lied in the court that we have visitor's parking also, but there is no such provision.

On the date when the order was to be given (after earlier thrice extended) the MC personally went to the court FIRST TIME & judge at the court gives March date asks both parties to re-submit all documents.

The MC is openly declaring to one & all in the Society that they have WON THE CASE & I HAVE LOST IT. 

JUSTICE DELAYED IS JUSTICE DENIED, but due to some pretext I have a strong reason to believe the MC is politically well connected that they have achieved what threat they had been giving from first day. A very prominent lawyer was hired from my side & he too is taken back. He says CASE IS STRONG IN MY FAVOR but such instances should not deter me from proceeding further. A single judge cannot rule out just on any interference from anybody, he says.