Parking charges of cooperative soceity

Sandesh sawant (Querist) 25 July 2016 This query is : Resolved
Sir,
Our society has open parking i.e no individual space is allotted to each members. I was parking my car in open area and paying parking charges. Now I have shifted my residence to near by society and give my flat on Leave and licence basis. My licensee does not have a car and he is not utilising any car parking facility. I am the member of society and now I want to park my car in society premises, society has objected to this and told me if you want to park car you will be charged as a nominal member ( L & L ) and car parking charge will be Rs.1000/ p.m. which are applicable to L& L.Since society is discriminating me , I wish your kind advice whether society can discriminate its own member as occupant and non occupant?. Whether there is any ruling on this for doing so? I wish to challenge this ground.

Follow Query

Report Abuse

Guest (Expert) 25 July 2016
Housing societies are at liberty to frame general rules that shall guide the residents of the society. But this is prima facie arbitrary.

Write to the chief of the housing society explaining your position and predicament. Seek written reply. If no positive outcome is forthcoming you may report the matter to the civic/municipal authorities.

adv.bharat @ PUNE (Expert) 25 July 2016
Read society bye laws for your satisfaction.

Dr J C Vashista (Expert) 26 July 2016
Is there any resolution, bye-law or Rule of the CHS to deny you for parking your car inside society premises?
Obtain a copy, if any and challenge the same through a local lawyer.

Rajendra K Goyal (Expert) 26 July 2016
Society is justified in charging on L&L rate if car is parking by you or your licensee after flat given on L & L.

Sandesh sawant (Querist) 26 July 2016
Sir,
Since I am a member of the society and parking is open parking and leave & licensee holder is not parking his car. The basic criteria for deciding the charges is ownership of car. If car is of owner i.e. member then society should charge normal car parking charges and not of exorbitant amount fixed for leave and license holders. The only motto of fixing of exorbitant amount of car parking rate is to discourage leave and licensee parking of car in society premises. Since the society is not incurring any additional expenses on car parking , which is common space for all members , I am in the view that the decision of society is of discriminating in nature and penalising the member.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now