Stilt car parking versus open car parking:
How does open car parking differs than the stilt car parking in a co-operative society
OPEN CAR PARKING
Open Car Parking space in a co-operative society is the space which is open from top, meaning is not covered by a ceiling. It is not having a roof on top. It is not equivalent to stilt car parking.
STILT CAR PARKING
Stilt Car Parking space in a co-operative society is the space which is not open from top, meaning thereby that it is under the stilt or the building constructed for the flats. It is having a ceiling. It is having a roof on its top. It is not equivalent to Open Car parking space.
CHARGING BY SOCIETY FOR STILT CAR PARKING ONLY
General Meeting of the Society HAVE the right to charge from those members who wish to park their vehicles under the stilt, on first come first served basis only and on daily basis or monthly basis only. Such a resolve has to be passed by a general meeting of the society, in case the stilt parking in a co-operative has not been allotted by the Society by taking prefixed amount during construction of the Society. A proper notice has to be served on all the members of the Society and the parking will be on First Come First Served Basis. Seeing more demand, parking charges may be enhanced by the General Meeting.
The charges have to be uniform in the sense, even if a member parks 2 or 4 cars in different slots, the charges will be per slot only and not on the basis of number of cars parked by a member. Any member can park any number of Cars. The society can impose the condition that the Car should be owned by the member or his family member living in the Society and be used for personal conveyance and not for commercial purposes. The parking charges can not be on the basis of make of a car i.e. can not be different rate for Maruti 800, Tata indigo and INNOVA etc.
DIFFERENT CHARGES FOR OPEN CAR PARKING AND DIFFERENT FOR STILT CAR PARKING:
The General Meeting may decide to impose more charges on those who wish to park in the space under the stilt, because of better protection from the Sun and rain, dust and other environment. This is only in case a separate space has been earmarked by the Co-operative Society wherein the members can park their any number of cars on a rate fixed per car basis only. It may be on daily or weekly or monthly basis.
NO MONTHLY OR DAILY CHARGES CAN BE IMPOSED ON RESERVED CAR PARKING SPACE
Reserved Car Parking Space is that space, for which the Co-operative Society, during or after the Construction have invited all the members to opt for Reserved Car Parking Space by paying a specified amount; on first come first served basis. On receipt of the specified amount the Society allots the particular space to particular member.
If the Society has collected lump sum charges from few members for the space under the stilt then such space is exempt from any charges if the allottee member parks 1 or 2 cars or 2 wheeler, within the allotted space under the stilt.This is called Reserved Car Space of the members.
There are 2 basic reason for it:
(1) While fixing the price to the members (it is an offer by the Society to take stilt parking) and mostly it shown in the map / diagram or shown at the construction site. It is essential here to specify the measurement of the space of this parking. But if no measurement is given by the Society while making this offer, it means the Society has made visible space as offer. It means the space within the pillars under the stilt has been offered. If no measurement is given, it is also the offer that the number of vehicles, whether it is car or bi-cycle or 2 cars or 1 big car like limusine could be parked is the choice of the member (allottee). The offer of the Society is similar to making a offer to allot the flat, where, how many number of persons will live in it, are not specified, the space measurement is shown or made visible.
(2) While member pays the lump sum specified by the society, it becomes acceptance of offer of the society and thereby a complete contract between the Society and the allottee.
The above practice is illegal. A co-operative Group Housing Society in East Delhi had started charging from October, 2012 and at present One resident of the Society filed a case against the Society and its main office bearers. The Society in its next meeting in September 2013 have reduced the charges to almost 50% w.e.f. 01.10.2013.
The result is with just one hearing of the case. In our opinion, the society has to refund all the amounts collected illegally and in a calendestine manner from the members, along with interest.
In spite of above mentioned differing views of various members of the societies, we wish to inform the latest orders of Arbitrator, Tribunal & judgment of the High Court of Delhi for your latest information.
Arbitrator on Car Parking charges issues Judgment 04.03.2014
Delhi Co-operative Tribunal’s order on car parking issues DCT Order 20.4.15
Delhi High Court judgment on car parking charges issues Anup Mittal vs Kanungo CGHS Ltd
NOTE: Mr. Anup Mittal has informed that he want to file an SLP before the Supreme Court of India
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