Car Parking Charges on basis of Cars is illegal

The Disputes Settlement Trust has been approached by several members of the Co-operative Group Housing Societies, wherein the Managing Committee proposed to the General Meeting to impose Car Parking charges on the number of cars if more than 1.

Some of the societies have started charging on the number of cars parked under the stilt and some of the societies have started charging car parking charges for cars if more than 1 parked in the common space of the society.

We have intervened in the dispute of some of the societies and resolved that the Society can not charge car parking charges on the basis of number of cars parked by a member in the Society’s common space.

IT IS PAINFUL that some of the societies called their general meetings and declared that the general meeting is supreme and can impose car parking penalty or charges for parking more than 1 car in the common space.

REMARKABLE DECISIONS:

A member in one of the Society, while reading our web-site noticed that we are the people who give free advice and we are specialized in the matters mentioned in this web-site. The member was very eager to know the truth if charging of car parking is illegal ?

It is really remarkable news that a society in East Delhi started charging Rs.100 per month on the 2nd car parked in the common space in the year 2005. Thereafter the general meeting enhanced the charges every year in its general meeting. In their last general meeting held in 2012 the charges were revealed in the minutes of meeting, which even you will be shocked to read:

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1st Car Free

2nd car Rs.300/- p.m.

3rd car Rs.2500/- p.m.

4th car Rs.5000/- p.m.

5th car not allowed to enter in society and if it is parked in society, then Rs.200/- per day/night will be charged .

SOCIETY MEMBERS PLEASE NOTE: The affected members in this Society have tried their best to approach all authorities till Lt. Governor and Chief Minister of Delhi. But the efforts went futile.

An original member from this society has approached the Disputes Settlement Trust for advice, thereafter he requested for written advice, RTI applications and there after has requested us to file a case.

NOW, we have filed a legal case against the Society and also against the main office bearer like President, Hony Secretary and Treasurer of the Society. The hearing will start very soon.

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A member of M/S Kanungo CGHS Ltd of east Delhi had filed a case with the Registrar of Co-operative Societies. The Dy Registrar found the case fit for adjudication by an Arbitrator. Then the RCS appointed an Arbitrator and after hearing both the parties the Arbitrator gave the verdict in favour of the member directing the Society to return the charges along with interest. Then the Society went in appeal before Delhi Co-operative Tribunal and the Tribunal has allowed the appeal saying that general meeting in supreme. Now the member has filed a Writ Petition before High Court of Delhi and hopes to win the case.

Our correspondent met the Advocate of the member and we find that there is going to be fierce battle as this is substantial question of law. The advocate can be contacted by click of mouse here.

Leave a Reply below, if you have any query or require assistance.

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14 Comments

  • Rambabu says:

    Can a society charge on the basis of the car model for open common area of the society. for example > Maruti 800- 100/Per month; Honda City-200/PM; Tata safari SUV-300/PM

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  • alok says:

    Society charging car parking charges on the basis of Cars. Sir Our society kailash apartments, sector-4 has started this wrong doing recently

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  • alok says:

    WHOM TO CONTACT FOR PAID MEETING

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  • anita says:

    can funds of maintenance account could be utilised by transfer of some fund to electricity fund when the electricity fund is falling short of funds and society would receive penalty by not paying the whole amount by last date.The amount received later from the electricity dues would be transferred back to the maintenance account.

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  • Animesh Prasad says:

    Hi, I am a tenant in a society in Pune. Recently the society has sent a notice to us regarding car parking as there are 2 cars belonging to our house. They have asked to make some arrangements ourselves, or pay annual charges for parking of second car (Rs 7500). I feel the charges are high and also for a tenant like me who can leave the house any time, paying annual charges doesn’t make sense. My queries: >> 1. Legally are societies allowed to take rent for parking spaces? 2. If I am ready to pay monthly charges, still can they force me to park outside the campus? >> In the notice it has been mentioned that “unpleasant action will be taken”. Use of such language is quite annoying/disturbing. I feel society should help the residents and not bother about earning money.

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  • ved garg says:

    It not correct to say that General Body is supreme. The General Body can take rational decisions within the Byelaws and Cooperative Act and Rules made there under. If a group of people ( i.e. General Body) decide to have a wrong thing, the authorities like the RCS/Court have to intervene and take action against the General Body/Managing Committee members responsible for bringing such an agenda before the General Body meeting. Ved Garg

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  • Raman says:

    Sir,

    In my colony some members of the colony (not a society) are collecting parking charges from residents for parking on open area not a private property. Under what section I can file a complaint against those members. I am a resident of Mumbai, Maharashtra.

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  • Mitesh says:

    If u r having a two wheeler and u r parking in someone’s allotted parking which has allotted by the builder can the society charge u

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  • K. Sambasiva Rao says:

    Sir, I have a flat with car parking in cellar area. But there was no set back left for movement of car and allotment of car parking was provided to another flat owner in front of my layout. Unless the front car removed, I can not go further. Is there any Act that the builder cannot sell a major number of car parkings in cellar where sufficient space not available for movement of cars? Please advise me for taking up a case through consumer court. Thank you Sir!

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  • Mano says:

    If there is vehicle which is non certified for PUC. is the parking is allowed ?

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  • GOPALAKRISHNAN says:

    Sir, If my society maintenance charge is over due, a society have right to stop parking my car in the society premises.

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  • A.M. says:

    I leave in Mumbai, Since 6 years i am staying on rent in a Cooprative hsg society which is 15 year old.

    Past three years the society had decided to increase the amount of Parking from Rs.600 to Rs.1000 on one parking and Rs.2500 on another 2nd car parking which I agreed and as of now I have paid till date Rs.2500 every month for 2 cars parking.

    I received a circular yesterday stating that the parking charges for each car will be Rs.3000 and 2 cars will be Rs.6000 for all who are on rent in the society which I think it is exorbitant and the society members are going to take up a meeting on Dt.4/7/2016 coming month.

    Kindly advice me, how to face the situation under the lawful way.

    Thanks.

    A.M

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  • jawaharlal says:

    In my housing association, some members absented but their wives attended without authorization letter. On that election for new body was conducted. Three members who were absent, (but their wives attended ) were elected as President,Joint SEcretary and Ex member. Is it not illegal ? What is legal position -please help us

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  • BHUPENDER SINGH NEGI says:

    Surprising most of people ignored main point viz crunch of space in Society/colony that cause extra parking charges which is actually a security charges for extra car.It is noticed car dealer are taking use of this lexed legal point.

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