Car Parking charges in co-operative societies

The Registrar of Co-operative Societies has accepted that there exist a dispute between a member and the Co-operative Society for imposing Car Parking Penalty. In some of the other co-operative societies, they either call it penalty or car parking charges.

Orders of RCS on Car Parking Penalty / Charges imposed by co-op Society

Advocate Raminder Singh Sahota, who is also the Legal Adviser of this Trust had filed the case on behalf of Mr. Anup Mittal (HUF) against M/S Kanungo Co-operative Group Housing Society Ltd.

 

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.pdf files of the Order may be seen by a mouse click here: Order – Page 1   Order – Page 2

The Orders of the Deputy Registrar (Arbitration) are self explanatory.

 

WHAT IS THE REAL ISSUE ? :- The Claimant has 4 cars and he also has 4 members of his family. He is a businessman and his wife is also a businesswoman. Therefore they need one car each for their independent working. It is their fundamental right to have their own conveyance and also park their car within the premises of the Society. Now lets take the case of their siblings. The have 2 siblings who are studying in different classes and most of the time their School Timings and Over Time or Sports activities timings are different. Therefore, when they can afford their own conveyance, they should be allowed to have 2 different cars for them. Possessing & conveyancing by car is not luxury for them. It is only a comfort & also a necessity for them to save their time.

CANT THE CLAIMANT AFFORD CHARGES OF SOCIETY ? :- This questions comes in the minds of each and every one wherein one thinks that once the claimant and his wife are in business and can afford separate cars why they cannot afford car parking charges imposed by the Society. The question is valid but one also has to see it from a different angle and perspective. The Claimant has also been paying penalty / charges to the Society for the last many years without any objection. But the Society started increasing the charges in such a way that it pinches only this family or such family which is keeping more number of cars.

Under the Bye Laws of the Society and also under the DCS Act & Rules, all the arrangements & facilities need to be created as per terms belonging to the DDA or MCD. But the Society ignored these byelaws and also the Act & Rules. Instead of making their rules in terms with DDA & MCD they adopted their own method and imposed Rs.300/- per month on 1st Car and more on 2nd Car and much more on the 3rd Car and much much more i.e. Rs.5000/- per month on the 4th Car. In total the Claimant had to shell out Rs.7800/- per month as Car Parking charges for the Society. Is it not more than the installment amount one pays to the Car manufacturer for purchase of a new car. In fact all will agree and so the Claimant also girded up his fight against the wrongdoings of the Society and started taking legal advice from various experts on Co-operative Societies and specially those who fight for any rights or fundamental rights of the people. One such Advocate Raminder Singh Sahota was contacted by the Claimant and heard and took up the case and lodged the claim with the Registrar of Co-operative Societies.

 Orders of RCS on Car Parking Penalty / Charges imposed by co-op Society

Click Here to see the Judgment of Arbitrator appointed in the above case dated 4th March, 2014

This Trust is taking such disputes to proper authorities for their proper redressal to the Consumer Courts and Disputes Settlement Trust besides the Registrar Co-operative Societies.

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7 Comments

  • S.Gagneja says:

    My CGHS has some members who are not liking us parking at a fat that has never been opened only on few occasions they use it. We have been parking at same spot since past 3 years and when we leave we put our second car there. So now in October they wrote us a letter stating it is causing problems to other residents. Now on dec 13th they came up and put up a notice that its not a parking area and fine of Rs. 200/- per day if we park there. After 3 years they put up this sign. What should I do? What I wanna know is are the entitled to make laws like that? What actions can we take? Should we pay fine?

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  • S.Gagneja says:

    It is in Delhi. Should we pay the fine or no? Because if we don’t pay we might have to pay fine over the fine. Should we continue to park even after putting of that sign? Also, The place where my sister in law who uses the vehicle is in front of the GATE that is actually a gate but never been opened by CGHS.

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  • Subject:- Till Today No Action Taken against Illegal Managing Committee of Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.

    Respected Sir,
    We are sending several letters Government Department & Dy Registrar-M-Ward Konkan Bhavan, CBD,Bealpur,Navi Mumbai /Addl Regsitrar Dr Khandagale, Co-op Societies Pune,/ Chief Secretary Maharashtra Government/ Urban Development & BMC department /Chief Engineer, Commissioner. Building proposal M-ward,

    Till today no action taken any Government Department & Competent Authority against illegal Managing Committee & Builders.

    The State Governments have framed Rules and Regulations and have issued guidelines and procedures that have to be sincerely followed In the process of Redevelopment project.
    State Laws and Cooperative Laws and BMC Notification and Directives has to be followed in True spirit.
    In the Redevelopment Project of Refinery View Chs Ltd 62/63, Maroli Church Road,Chembur,Mumbai-400074. All the state Laws and Co-operatives Laws and BMC Notification and Directives have been thrown to DUSTBIN by the present 7 members illegal M.C.
    The present 7 members Managing Committee is Caretaker MC from 09.6.2013.
    The 5 year term of this Managing Committee Expired 08.6.2013.
    Till date No Election in the Society has been conducted.

    There is State Government guidelines on the functioning of such MC whereby such MC cannot proceed on Redevelopment issue.
    The present Managing Committee is an illegal Managing Committee officially declared as having violated sec 129 of MSC Act 1960 by Dy registrar M -Ward Konkan Bhavan and Addl Registrar Dr P Khandagale Pune from 01.5.2012.
    This Managing Committee does not believe in honoring the Registrar order.
    The present illegal Managing Committee signed and registered tainted and doctored and altered development Agreement on redevelopment on 10.7.2012
    The present illegal Managing Committee has totally violated the terms and conditions of the signed and accepted tender documents of Supreme Court of India Blacklisted company Patel Eng ltd .
    The present illegal Managing Committee has got approved the ruinous and destructive society plan on 18.01.2014 at Chembur Gymkhana.
    The approval to Builder Patel Eng Ltd based on their offer as per the tender submitted by them in the presence of officer Mr..Yellary from the office of Dy Registrar M-ward was given on 7.5.2011.
    The Tainted and doctored and tempered D.A was signed and registered by the present illegal MC on 10.7.2012
    The ruinous and destructive Society plan was got approved on 18.01.2014 at Chembur Gymkhana.
    Section 79 (A) of MSC Act 1960 has been successfully violated .
    There are glaring Illegalities and Violations as detailed below.
    1In the signed DA the society plot area mentioned is 4425 Sqmtrs and 4119 Sqmtrs.
    In the plan passed the society plot area is reduced to 3792 Sqmtrs Shocking and surprising
    2 In the signed and registered DA the members of Society Members and shareholders is 77 (seventy seven) and there are 2 (Two) Shops. Total 79 Society members.
    In the plan passed on 18.01.2014 the number of Society Members and shareholders has mysteriously and suspiciously increased to 81 (Eighty one)
    This 7 members illegal MC in the DA signed by them has given to the Blacklisted Builder-Irrevocable License and Irrevocable Power of attorney. In such a case what is our safety security under the state laws.
    There is no provision on this issue under Sec 79 (A) of MSC Act 1960 it is violation of state laws and corporate laws
    In the tainted and doctored and tempered and altered DA there is nowhere any mention of the benefit of 35% free fungible FSI available to Society Members.
    This benefit of free fungible FSI of 35 % has been swallowed and siphoned by the violations?
    In the Plan that has got approved there is no mention of extra Area of 25% that has to be given to Society Members. as committed by the builder ion their Tender Document.
    This benefit of extra area of 25% is Swallowed and Siphoned by the Violators?
    In the signed and registered DA the total area that will be given to the Society Members is 53325 Sqft.
    In the approved plan the total area that will be given to the 81 members is 56310 Sqft. Total of 81 Tenants.
    The total benefit of road set back area been gifted to the blacklisted builder Patel Eng Ltd Based on the documentary evidence complaints on this Redevelopment Project Scam have been lodged against 7 members MC and PMC and advocate and the arbitrator with various Government Authorities and also to the Honorable Chief Minister and Principal Secretary and Urban Development and Building Proposal Department.
    Departmental investigation orders has been issued we also request you to secretary investigate this legal crime and financial FRAUD.
    Sir we hope you will not be an irresponsible legal government authority by supporting and approving these flagrant and glaring illegalities and violations of the various state laws.
    We hope you will not support and approve the creation of other CAMPA COLO COMPOUND case.
    We hope you will not support and approve this breach of faith and Trust against the Society Members.
    Kindly acknowledge this letter.
    Thanking you,
    Regards

    Shiv Shankar Damani
    Note: Till NO Architect has been appointed for the Redevelopment Project
    Till date NO GBM held to discuss the DA.
    Till date No Feasibility report on the society plan has been send to society members.
    Till Date No Advocate represents the remaining society members.
    Till date No Certified copy on the process of redevelopment by PMC and Advocate and Architect Arbitrator and MC. Have been send to society members
    Till date No Transparency at all.
    There is Total breach of faith and trust.

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  • Rupak bal says:

    We are Facing problem of Car parking in front of our House in Residential Area of Anand Vihar, New Delhi. There is construction of Floors by builders near our House and thus, an increase in concentration of families and cars. We have a complete Plot and have 3 cars, which we park in front of our House and across the road in front of our house.
    But, with builder floors, the people living at other locations, wish to park their cars in front of my plot, across the road, which makes it absolutely difficult for us to find any parking space. The dispute is that, we as owners of the plot, should have preference to park the cars in front of my Kothi and also across the road in front of my kothi. Please guide on this issue on a legal perspective.

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  • glsanwal says:

    our is cooperative g/h society in dwarka. One flat allottee Ashish gave general power of attorney to his brother in law Ramesh who is residing in this flat. One another flat in same society allotted to Somesh, the younger brother of Ramesh has got done mutation from DDA in favour of his elder brother Ramesh. Now elder brother Ramesh wants NOC from Society for conversion of flat into freehold in his name (mutuation got done in his name from DDA). Whether Society can issue NOC for transfer and conversion of flat of Somesh, the younger brother in name of Ramesh. Pertinent to note that Ramesh is power of attorney holder of other flat in same society which is allotted to Mr.Ashish , brother in law.

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  • Devendra says:

    Thank you for this informative post. Would appreciate it if you could answer my question. I have two allotted parking slots. One is my personal car and the other is a company car. When my company car goes for repairs or servicing, my company gives me a replacement car. My society managing committee has refused me permission to park my replacement car and told me that I will be fined if any other car is parked in my slot. Is this legally allowed? Aren’t parking slots allotted to society members and not specific cars? Please let me know. Thanks and regards.

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  • Major J S Kalsi says:

    Major J S Kalsi
    Sir, our AWHO registered under cooperative housing society act, is collecting Car Parking Charges for last 12 years for the cars parked outside garages at RSI.200/- per car. This amount collected is then merged/utilised in common maintenance of society. Thus in a way it is subsidizing maintenance of few residents who do not have car or parking inside garage. Can parking charges be merged/utilised for maintenance fund? Some residents feel the collection from parking should be put in development fund and common maintenance monthly expenses to be equally divided amongst residents.

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  • DK Chadha

    Sir, I have a very serious problem with my co-operative society in which the society is charging Rs.500 on 2nd Car and Rs.2500 on 3rd Car and Rs.5000 on 4th Car per month after these charges have been approved in Annual General Meeting of the society held this month. I want to file a case as this is business and not maintenance of the society. Can you please recommend any suitable lawyer to me.

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