Reserved Car Parking Space and stilt car parking
BEFORE UNDERSTANDING THE PROBLEM, ONE MUST UNDERSTAND THE FOLLOWING DEFINITIONS
(A) What is a CGH Society: A society registered under the DCS Act, 2003 by a group of members.
(B) What is total space: A plot allotted to a CGHS is the total space with the society on which it has to build the flats as per rules.
(C) Built-up space: The space on which building / flats, power house etc (essentials of building) are built.
(D) Allotted space: All the built in flats and reserved car parking space are the allotted space of the Society.
(E) Common space: All un-allotted space is common space of the society.
IMPOSITION OF CHARGES ON THE MEMBERS OF THE SOCIETY
The charges for maintenance of common space shall be fixed as per membership, without giving a thought to whether the member will use a lift or not use a lift, whether the member will reside on 1st floor or top floor, whether member will use green area or not use it, whether the member is allotted a HIG or a MIG flat, whether a member is residing or not residing in the flat, whether the member is occupying or not occupying the flat etc. Whether the member has also paid separate amount for Reserved Car Parking Space or not paid for the Reserved Car parking space. The charges shall be imposed on the basis of membership. Higher charges can be levied only in case a particular space/flat is given on rental basis and the tenant is residing in it.
Therefore, no additional charges can be imposed on the basis of number of persons residing in the flat or number of cars being parked within the reserved car parking space or Open Car Parking Space or Stilt Car Parking Space.
U/Sec 70 of DCS Act, 2003 Dy Registrar has already passed Orders on 30th October, 2013
You may Click at the end of this blog to see Judgment U/Sec 71 of the DCS Act, 2003 of Arbitrator dated 4th March, 2014 on Parking Charges imposed by a CGHS on the basis of number of cars parked by a member in the Society and also see Orders of Delhi Co-operative Tribunal’s Order and also see the judgment of the High Court of Delhi at the end of this blog page.
DIFFERENCE BETWEEN RESERVED CAR PARK SPACE AND COMMON CAR PARKING SPACE
Reserved Car Parking Space: This is the space specially approved by General Meeting by taking a certain amount of money to allot and reserve the space to a member only, out of the total common space; in which no other member will intervene, disturb and encroach; on a certain terms and conditions and the lump sum amount paid by the member will include the maintenance for ever of the reserved car parking space. By paying for the Reserved Car Parking space the member does not lose his share in the common space or common car parking space. The money is paid to all the members for sparing a space share of their’s or the members have set aside a small piece of space as reserved for the use of the member who has paid for it.
Common Car Parking Space: This is the space in which every member of the society is a share holder and undivided share in the space. It belongs to all irrespective of the fact, whether a member has paid for a reserved car parking space or not. It is the space where no reservation is made and all the members of the society have equal and undivided interests and rights of free use. This space can not be partitioned at any cost or at any stage by the Society or by any member. THEREFORE NO CHARGES CAN BE IMPOSED FOR PARKING ANY CAR BY A MEMBER OR A TENANT FOR PARKING IN THE COMMON SPACE.
Some of the CGHS have started charging on parking in the common space also. We have taken up the issues, which is in the court of law and the Societies are in the process of reducing or removing all charges on the cars parked in the common space, including M/S kanungo CGHS Ltd
TO RESOLVE THE DISPUTES OF CAR PARKING
(A) A number of Societies have approached us through this web-site with many problems of use of common space by the members. WE ARE RESOLVING THE PROBLEMS
(B) A number of members from Co-operative Group Housing Societies have approached us with their problems that the CGHS management is imposing car parking charges & at some societies PENALTY for parking more than 1 car in the Society. WE ARE RESOLVING THEIR PROBLEMS THROUGH REGISTRAR (RCS)
There are different conflicting views of the Courts on this issue and we give below the latest judgments of Anup Mittal (HUF) versus Kanungo CGHS Ltd as follows:
Orders of the Arbitrator: Judgment 04.03.2014
Orders of the Delhi Co-operative Tribunal:DCT Order 20.4.15
Judgment of the High Court of Delhi: Anup Mittal vs Kanungo CGHS Ltd
SUMMARY: As per judgment of the High Court of Delhi, Parking charges per car or per make of a car CAN be imposed by any co-operative society.
When Mr. Anup Mittal was contacted by us, he said that he will challenge this judgment in the Supreme Court of India and also file a Consumer case before highest court on consumer affairs very shortly. Now, therefore, if you desire, you may give your comments below for advice and assistance.
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