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.
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:
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.
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. This case has already been given judgment by High Court of Delhi.
There are other several cases on the matter of favoritism to few members of ground floor to allow car space free of cost and charge from others.
In case of encroachments cases are filed at the Court of Sub Divisional Magistrates and won by members as the encroached space is vacated or unauthorized construction is demolished by the MCD.
Our correspondent met the Advocate of the member and we find that there have been many fights in the Court of Registrar of Co-operative Societies, District Courts, Delhi High Court and Supreme Court also and such fights are going to be fierce battle as this is substantial question of law. The advocate can be contacted by click of mouse here.
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