Car parking space in common areas charged by co-operative society

Charging of car parking space in common space is illegal until an allotment has been made. If money is charged for just parking the car in common space on the basis of number of cars owned by a member, it is also illegal.

Criteria prevalent in most societies

In most of the co-operative societies the general meeting of the society has imposed the car parking charges in the following manner on a member / allottee

First Car –  Free

2nd Car — Rs.750 p.m.

3rd Car — Rs.2500 p.m.

4th Car — Rs.5000 p.m.

5th Car – Not allowed to enter in the Society

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Effect of such prevalent criteria

In real terms, a allottee or member of the co-operative society gets punch at the right point to keep minimum of number of cars in the society and if he/she can afford more number of cars, he should contribute more for the common fund of the society which is sparing the common space for him to park his additional cars.

What such a practice is

Any amount of reasonability may look into this criteria, the deal is against the co-operative principles and therefore the provisions of the DCS Act and DCS Rules cannot allow such a practice.

Present position

The position of such criteria is challenged by few members and the matter is in the High Court of Delhi through Writ Petition filed by a member of Kanungo Co-operative Group Housing Society of East Delhi through Advocate Raminder Singh Sahota. But factually, since the decision of Arbitrator has been turned down by the Delhi Co-operative Tribunal, the Society is still charging the car parking charges for parking the cars in the common space of the society from all the members liable for it.

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3 Comments

  • gopinathan nair says:

    I am staying in MHADA building in Pratiksha Nagar Mumbai and am the allottee. I am having 3 two wheelers . Society is levying parking charges for first TW Rs. 25/- second TW Rs. 50/- and third TW Rs, 100/-. I like to know whether the parkig charges are legal. As it is a MHADA building, there is plenty of space as well. There is no ground floor. Common space is so big. Kindly advise.

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  • gopinathan nair says:

    I am staying in MHADA building in Pratiksha Nagar Mumbai and am the allottee. In this building, parking space has not been divided / distributed equally to four wheelers and two wheelers. Four wheelers are given 75 – 80% slot. Kindly advise.

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  • gopinathan nair says:

    I am staying in MHADA building in Pratiksha Nagar Mumbai and am the allottee. I am having 3 two wheelers . Society is levying parking charges for first TW Rs. 25/- second TW Rs. 50/- and third TW Rs, 100/-. I like to know whether the parkig charges are legal. As it is a MHADA building, there is plenty of parking space as well. Kindly advise on parking charge in the state of Maharashtra

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