Consumers of car parking in co-operative Society

There are several boards inside a CGHS as well as at the entry of the co-operative group housing society gate for entrance as follows

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PARKING AT OWNERS RISK

Such a board is only to caution the car owners and drivers to take care of their vehicles and safety of their vehicles.

But the fact is that, a member of a co-operative housing society is a Consumer of the Society, under the Consumer Protection Act. and if his car is damaged in the premises of the society or his car is entered in a register at the gate and it gets missing from the premises of the co-operative society, the member has all the rights against the co-operative society and its managing committee under the Consumer Protection Act.

The management of the Co-operative group housing society is bound to make safety arrangements for the cars parking of its members within the premises of the society. The members can otherwise also compel the management of the co-operative society to make safety arrangements for his use of the common space and facilities.

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17 Comments

  • Mihir Shah says:

    Dear Sir,

    Our society (CHS) had passed a order few months back with respect to allotment of unreserved open parking space on a first come first serve basis for a lump sum amount (one time only). However, in the allotment it had been mentioned that the CHS can take back the allotted parking space from the member on “justifiable grounds”. I paid the said consideration to the CHS through cheque and was allotted the parking space. However, recently the CHS has altered the rules for allotment of parking space and has decided to allot the same on a lottery system for a fixed annual consideration (recurring yearly charges). Hence, the CHS has asked me to return the parking space allotted earlier and they shall refund the amount paid by me earlier. However, I don’t want to return the said parking space since I had already paid the amount demanded by the CHS. What options do I have now?

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  • Himanshu Sharma says:

    Our society never charged any money for parking, its a common space for every1, now due to parking problems, they have taken a decision to allow only 1 car per flat. There was no such rule before, i had been using 2 cars since last 5 yrs. now this decision is making me feel whether i am deprived of my rights, where will i park my 2nd car. to solve the parking problem, there is another park in the society was can be converted into parking, and other places can also be converted to accomodate parking. I want to know my legal rights on it.

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  • piyush says:

    Hello, I have purchased a Stilt Garage parking in 2007 from society member and have done registration of the same with registrar and legalized. After we purchased garage, The society claims that it’s society ownership and they allowed resale of other member with life time deposit. The society has made a new rule to give allotment at Rs. 50,000 to member and ask me to pay. They have charged Rs. 50,000 and it’s interest since last 7 months and didn’t give allotment letter too. So, They are working very illegally. After this charges to us in maintenance bill, we pay our regular maintenance charges and they take this amount as interest and not maintenance amount. My car has been damaged willfully 3 times during this period, then we refurbish entire car dent and painting, in 3 days again someone start tempering the car. So, we write letter to society to security and they have replied that we are not liable for any damages and you have to arrange security your own. When we asked to provide all the AGM minutes and video recordings, they have replied that we are defaulter member so do not provide any documents and information. Then we also mentioned legal process for which they say that the legal process reply from society will be invoiced in our Maintenance charges. I would like to know your feedback for the above 3 queries and provide a firm and true information. Reply

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  • piyush says:

    I am not located in Delhi so difficult to meet and take your service. If you can suggest the legislative clause, then we can fight for the right information. Thanks.

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  • piyush says:

    Dear Sir.. I am located at Mumbai, Maharashtra. If you have a suitable suggestion against which bylaw, I can take action, then let me know. Thanks.

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  • Karl says:

    I stay in a Parsi colony which is owned by trust. I am facing the same problem as I don’t get to park my vehicle as the parking is allotted as per first cum first serve basis! Many people park their number of cars in the premises leaving no space for parking for the rest of the people. I have even complained many times to the trust and all they have done is send notices to such people which hasn’t worked out till date. Please suggest something by which I might be able to enforce my right to parking as the trust is no more helping.

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  • Jangira says:

    Hello,Its common parking in my society and my brand new bike was damaged by somebody.But now my society members say that security to the parking doesn’t come under the purview of the society.I can apprehend the person and lodge a complaint against him.The society doesn’t have anything to do with it.Is it true.

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  • Shafi Ansari says:

    Dear sir,

    Our society is charging parking charges for two wheelers and despite that no arrangement is made for the safety of the vehicles.
    My two wheeler has been damaged by some miscreants in the society but the managing committee is refuting by saying that it has been damaged by stray dogs.
    Please help me out as the loss is causing dent in my pocket.

    Regards
    Shafi

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  • Kedar says:

    Hi, I m am Tennant in a society with a dedicated parking to my owner. The housekeeping person pulled a water pipe over my car’s bonnet resulting in multiple scratches.. What options do I have? Kedar

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  • Amir says:

    Any judgement on this issue Pls respond at advocateamitpai@yahoo.com

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  • Vamique says:

    I received a reply to my query from the Mumbai district housing federation that parking of vehicle in the society is at members risk and that society is not responsible for damage

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  • sunil powar says:

    I have purchased garage type car parking from builder. Is there any authority to society take additional charges as car parking maintainance

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  • Prasad says:

    Sir,
    I am located in Mumbai suburban city Dombivli.
    My car front glass was found to be broken in society parking area.
    I am paying parking charges to society.
    I would like to know what all obligations society has for such incidents.
    What should be next course of action ?
    As of now for urgency I am going to claim damage under insurance.

    Please suggest.

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  • kunal bardhan says:

    Hi I am kunal stying in mumbai i have owned still parking in my society building only, but few people putting function or decoration in front of my parking, for that I am not able to remove my car out of parking. so pls suggest me what to do. and my society is not formed yet, maintain by builder.

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  • Vishwas Dole says:

    Dear Sir,

    We called the SGM, for this we put the Agenda notice 5 days before on society’s notice board but not sent the Agenda Notice to individual member, is it necessary to send the Agenda / notice to each and every member?

    The same SGM could completed on the same day but 50% points were discussed, with the permission of all present members chairman declared that we will continue the SGM next Saunday to discuss remaining points, now question is shall we send the notice for the same, is this will be extended SGM and continuation of partly completed SGM (what should be the header for Notice “continuation of SGM” or “extended SGM”.

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  • Vikram Singh says:

    My car was stolen from the basement parking of a gated society where I live and pay for regular maintenance charges which include the security charges also. Can I file a case against the negligence of security as they allowed an unknown guy inside? I want to sue them for damages as this has caused me financial loss and harrassmemt. Thanks

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  • shalini says:

    I purchased a flat with a covered car parking mentioned fairly in the documents and the vendor has allotted a parking which has not approved by ghmc as it is open to sky but builder allotted it as parking space.in which I cannot place my car.please suggest me to solve the problem with further proceedings

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