Car parking charges on car parked in common space is illegal

1st Car – free, 2nd Car- Rs.1500, 3rd Car – Rs.2500, 4th Car – Rs.5000 and 5th Car – Rs.250 per day /night

FOR

Parking cars in the common space of the society / RWA

We wish to inform the readers that some of the co-operative societies and some of the societies (RWA) have started charging the members / occupants in above manner /fashion for parking their cars in the common space.

This action of the co-operative society or RWA is totally illegal.

Some of the members have approached us, and a suitable case has been filed in appropriate courts and the advocates engaged in these cases are sure to win and bring justice to the members of the societies.

We provide free legal advice and free legal path to the readers. However it the choice of members to get for themselves or not.

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In our opinion, car parking is covered under common maintenance head of the expenses of the Society. Common maintenance has to be demanded and recovered on the basis of membership of the society and not on the basis of number of cars owned or parked by a member in the Society.

Kanungo Co-operative Group Housing Society Ltd, of Patparganj New Delhi has been charging the Car Parking in the above manner since 2005. Now one of the member and resident has filed a case through our legal adviser against the society and also 3 office bearers. Till date the Society is not having any plea to defend the case except that it is decision of the general body meeting. But on the other hand any general body meeting cannot pass any resolution against the bye laws and other acts and rules applicable to the co-operative societies. Therefore, the case is likely to go up giving a strong points to both the sides. We shall keep the readers informed about it in future also.

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

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9 Comments

  • Suhail says:

    IS this rule applicable in MUmbai Maharashtra Co-Op Society’s Act

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  • Pradeep says:

    Can any DDA RWA prevent entry of m/cycle or car of a resident who opts not to be a member of RWA or does not pay monthly membership, and also when his vehicle does not carry RWA sticker (not issued to non-members)? If no, then please quote relevant law/ case law.

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  • Rajesh singh says:

    Hello I need an advocate for cooperative socy in maharas

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  • sonu gurnani says:

    dear sir
    i stay in dda lig flats 1970’s construction i just want to know how many cars a single flat owner park as there always dispute in society regarding parking
    regards

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  • Soumitra Das says:

    Dear Sir, I am from Pune Maharashtra. I have 2 cars and my Society Chairman is not allowing me to park my 2nd car in the visitor parking and other vacant spaces available. They are forcing me to hire a parking from a owner who is having a paid car parking. they have circulated a notice to all without holding any meeting or AGM. In that case what should be my stand against them.

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  • Vikram says:

    The RWA in a housing society in Indirapuram Ghaziabad who don’t have any rights transferred by the builder have started charging Rs 12000/- for parking for 2nd car – and stopping cars at entry point – obviously totally illegal but what legal remedies are available

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  • kabir malik says:

    Non resident can park the vehical in society area forcefuly … If they arev say next to society Street ..

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  • Juned Ahmad says:

    Please advise if this applicable in uttar pradesh also our RWA is planning to impose rent on cars parked in common area with any meeting with residents and that parking area is also green area which they are converting in parking This is Omaxe Heights Apartments in Gomti Nagar Lucknow
    Please Advise

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  • Juned Ahmad says:

    correction ” without any meeting with residents ‘

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