Comment on Contact Us by Vipul Desai.
Dear Sir, I am residing at Mumbai and owner of flat in the Society. Our society has open and stilt car parking allotted by Builder approx 176 (stilt parking by way of sale agreement approx 50 and balance 126 open car parking allotted by builder showing Rs 5000 deposit letter). Society created some extra 33 space and allotting on lottery for this 33 space.I have not purchased from builder as per law it is illegal for builder to sale open space. I have filed case in Co-Op Society in Mumbai challaging resolution passed by society on Majority to do lottery of extra space created by them only for few members whereas those who have got allotment from builder for open car space by way of deposit of Rs 5000 they are not doing lottery for them and they consider it as permanent and transfarable as per Society. Even for me they took Rs 5000 deposit and first alloted space then once more members applied for car parking they did lottery for this extra space but only for few and not for all. I challanged the same in court and matter is in court. They imposed penalty on me of Rs 10000 last year for not giving back car parking space as my name did not come in lottery in 2013. But after some time in 2013 they re-allotted me space for 2013. But i did not paid penalty and filed case challaging resolution of doing lottery. They passed resolution general that any member violate laws of society will be imposed penalty of maximum Rs 10000. this was for general matter, but last year they imposed the same and for current 2014 lottery, they excluded my name for lottery (i had appllied for lottery under protest as case was filed) mentioning you have not paid dues of society. I am paying all maintenance in time except for penalty for which case in the Co-Op court for challanging lottery for parking matter only for few and not for all lottery. And they are asking me to vacate parking which i refused. Again last week they raise one more penalty of Rs 10000 on me for the same reason. Please advice. As per what i know, open car parking is for all and if they want to do lottery, it should have been done for all and not for few member who have not purchased car parking from builders. Please advice. Vipul
Vipul Desai Also Commented
I am enclosing herewith Maharashtra Co-Op Court no 4 (My case is also with same judge) judgement for our area Other Society in parking matter in 2011. Can you please read and advice whether can i give this copy to my society related to my matter.
As per enclosed judgment what i understood is that Builder has sold the stilt parking to few members after society got registered and hence court give decision that stilt parking cannot be sold by builder after society is formed / registered.
But in my case builders have sold before society registered / formed. So does this judgement applicable in my case. Can we give this copy to my society ? and what justification i can give to society while giving this.
Dear Sir, I have email to Mr Raminder Singh Sahota , Advocate last week but did not got any reply. I am based in Mumbai and he is based on Delhi. So personally meeting is not possible. Please advice. Regards. Vipul Desai
Dear Sir, Thanks for your advice. I have even given recent judgement you have put on your website that penalty can not be charged by Society.But Society does not accept that judgement saying that it is for Delhi and not for Maharashtra. Secondly, as i told you that my case is at Issue stage in Maharashtra Co-operative Court and next date is in June 2014. But society removed my application in lottery (they are doing only for few and i challange resolution in court) saying that penalty not paid and o/s in dues. Now they have instructed the security that once my car go out , not to take back in society as they send notice to vacate parking space and also imposed penalty again for this year for not vacating space. Can you have any judgement of Maharashtra Co-Op Court after 2010 whereas they declear that lottery to be done for all as open and stilt parking is for all and builder can not sell. Nalchand Vs Pancholi judgement they do not accept saying that it is for 2010 year onward applcable and not restrospective effect. Please advice. Vipul Desai