Car Parking charges imposed by Co-operative Society

There are several disputes of common car parking charges imposed by co-operative societies i.e. CGHS and RWA i.e. residents welfare associations found in Delhi, NCR. The disputes of reserved car parking space charges are lesser than the disputes of common car parking charges imposed by the societies and co-operative societies. Some of the co-operatives group housing societies in Delhi and NCR; and specially the societies in East Delhi and West Delhi are charging per car charges on parking the Cars by the members in the common space of the co-operative group housing societies.

society parking open legal-path.com

ILLEGAL CHARGES PER SIZE OF CAR: Some of the Societies are charging e.g. Rs.100 on maruti 800; Rs.250 on I20 or Honda City size cars and Rs.500 on SUV like INNOVA etc. per month; on parking the vehicles in the common car parking space of the Society. In our opinion it is totally illegal.

ILLEGAL CHARGES PER NUMBER OF CARS: Some of the Societies are charging e.g. Rs.500 on 1st Car, Rs.1500 on 2nd Car , Rs.2500 on 3rd Car and Rs.5000 on 4th Car per month for number of cars parked by a member. In addition a case has come to us in which the Society started charging Rs.200 per day/night on the 5th Car. IT IS TOTALLY ILLEGAL. The members are not aware of the law. The legal path took up the case and before the case  was represented by the Society the society has reduced all the charges by more than 50% in their annual general meeting.

IMG-20130828-00350

When legal path spoke to the claimant recently, he said that he is 100% sure to recover NOT ONLY entire amount paid to the Society along with interest BUT ALSO damages for wrongful & illegal malafide action of the Society management and also for mental agony & harrassment.

Click Here to see the Judgment of Arbitrator dated 4th March, 2014

The Society went in appeal before the Delhi co-operative Tribunal against the order of the Arbitrator and to see the Order of the DCT,DCT Order 20.4.15

The member of the Society, filed a Writ Petition before High Court of Delhi against the Order of the Delhi Co-operative Tribunal and the judgment of the High Court may be seen here. Anup Mittal vs Kanungo CGHS Ltd

LEAVE REPLY BELOW IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED

About the author

15 Comments

  • G. K. SAHI says:

    Please advice how I should move my claim of parking.

    View Comment
  • tushar says:

    Hello Sir, I have not purchased a parking while buying the flat. Recently I am being told by the Society secretary to park my vehicle outside the society premises. I think I should take up this matter with the proper channel hence have came to know of this forum. I need urgent professional help.

    View Comment
  • VINOD KUMAR SHARMA says:

    I do not understand what kind of advocate is pleading that society is wrong in charging money for car parking for more than one car and he has taken up the case with Delhi High Court. I am regularly contradicting the stand that every member is entitled for free car parking only for one car and it is the preoperative of the General Body to pass resolution for charging extra for parking more than one car. Now the case has already been decided by Delhi High court in Anup Mittal (Huf) V/s Kanugo C.GH.S. Ltd. wherein the matter have been decided in favor of society with exemplary pecuniary fine on the litigant for wasting time of the court. The order of the High Court is published on the internet and various newspapers also.

    (Note: objectionable material is deleted)

    View Comment
  • Suhas Gokhale, Vashi, Navi Mumbai says:

    Our soc levies parking charges only for open parking space and not for stilt parking space.Is this legally valid? Pl comment and give solution at the earliest.

    View Comment
  • Kausik Saikia says:

    How to put a complaint against the management of cooperative society regarding their recent allotment of covered car parking?

    I am a member of the society in Dwarka, New Delhi and i have purchased the flat in 2010. Recently, Society has made 3 additional covered parking and invited for the interested candidate. Accordingly i have applied and accepted the application.

    During the date of lottary, suddenly they have excluded my name from the list and draw the lottary.

    I would like to put a compliant against society for the illegal procedure.

    View Comment
  • Rajesh Sood says:

    Dear Sir,

    We have bought flats from Satilila Sehkari Awas Samiti Ltd, Greater Noida and have been living here for more than 5 years. The society has charged for open car parking and one time maintenance charges and now they have stopped paying for electricity bills which hey have collected from residents.

    Please advise how to move about this to get a some remedy.

    View Comment
  • Arvi S says:

    Dear Sir-
    My society is charging me annual car parking charges of INR 5500 (free for members). I shifted into an Apartment in East Delhi (IP Extension) that belongs to my Aunt. My Aunt lives abroad and my Mother is the Power of Attorney. The society says that Tenants have to pay INR 5500 and since I am not a direct relative of the owner, I become a tenant. The society forced me to submit Tenancy documents when I was moving in (I had to furnish Tenancy and Tripartite documents in order to move in smoothly). Recently, I have submitted to letter to the Society office mentioning that I am not a Tenant and that my mother holds a Power of Attorney status. Can you please let me know if I have the right to ask my money back?

    regards
    Aravindan

    View Comment
  • Manjula says:

    I live in mahabhadrakali society. my issue is of parking. Their is underground parking and inside society driveway . This drive way is so big that both sides members are parking their cars. Not a single car is parked outside and not a single car is parked under ground. There is sufficient parking for everybody. Now the association is asking Rs.500 for Second car. And after charging Rs.500 the car will be parked outside the society. With one guard. They are saying Hon’ble Supreme Court has given full power to association. Elected members. Secondly every year they charge for something or other. Rs.10000 for making road inside society. Then Rs.24000 for repairing roof (Rs.1000 for two months). Rs. 1200/- maintenance charges this maintenance I can understand but this charges that charges. One of my friend who is staying in another society of Dwarka Delhi is told me to write to you. Because there is stay in parking case.

    View Comment
  • Rama seetha says:

    Respected sir
    “common areas and facilities ” unless otherwise provided in the declaration, means:
    Please explain this definition.

    View Comment
  • M A. BAIG says:

    I got allotted one addl. scooter parking in cooperative group housing society to keep Almirah 17 years back. Now MC is not allowing it saying in parking u can’t keep personal stuff. DDA bye laws allow keeping personal Almirah etc in scooter parking. Plz advise

    View Comment
  • Advocateji says:

    Dear MA Baig, Your problem will not be solved until you take a legal action. Therefore, you are advised to take assistance of any or our legal adviser for proper remedy.

    View Comment
  • Deepak says:

    Hello
    I was using my father in law’s car for a few months and my society has charged me guest parking charges of Rs. 200/- per night even though I have my own parking slot. The society says that if the car is not in the member’s name, then they have a right to charge guest parking charges. Is there any Supreme Court judgement which states that the ownership of the car does not matter as long as the parking slot is alloted by the society ? Pls help me

    View Comment
  • Advocateji says:

    Dear Deepak, You are advised to take proper advise by showing the relevant documents to the concerned Advocate for co-operative societies. You may get in touch any or our Advocate after fixing an appointment on their phone.

    View Comment
  • Isac David says:

    Sir
    I am staying lodha imperia Mumbai.
    My issue is my car parking P2 area is leaking from P1 while rainy season and demage my cars paint due to dropping water continues in same place . I was complaint this issue to MC but 3 years they have not taken any action for that they said we cannot repair it due to huge amount expances . So pls advise us how to resolve this issues..

    View Comment
  • Advocateji says:

    Dear Isac David, We in fact look after Delhi area only. But reading your problem we like to advise you that, only the Managing Committee is responsible to get the leakage repaired from the common fund of the society. Further, it is advisable to get in touch with any or our legal expert to serve a legal notice on the Managing Committee if still they do not take care, then file a strict case in Consumer Court to demanding compensation and repairs in addition to case before the Sub Divisional Magistrate for stopping this nuisance. Sir you are required to exercise your fundamental rights to live peacefully.

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *