Parking in the Co operative housing society
Radhika
(Querist) 17 January 2017
This query is : Resolved
My grandmother is the member of the society and i leave with her. On the basis of mutuality, I have been using 2 wheeler of my business partner which is owned by his father. I used to park the said 2 wheeler in the society compound for 2 or max 3 days a week for almost 9-10 months. I have submitted the vehicle details to parking committee, understanding that it will be then forwarded to office bearers. There was no Mens rea from our side. Society had not charged me for those 9 months parking in regular bill. On one fine day, society has asked me to pay as per, per day visitor's parking charges for whole 9 months(i.e 9 months * 30 days * charges) , neglecting the fact that, vehicle was parked only for 2/3 days a week. Now i asked society either to charge as if that vehicle is owned by me as i was the beneficial owner of that two wheeler, or charge as per visitors parking charges but on per day basis and not in wholesome.
Managing Committee is not ready to accept the same. What can i do? Should i move to Court? Is there any relevant case law?
Guest
(Expert) 17 January 2017
Society is Right.
Rajendra K Goyal
(Expert) 17 January 2017
Ask the society detailed bill, i.e. days of parking, rate at which charged etc.
Whether there exist any other precedent in the society in this respect?
Whether visitors vehicle parking is billed with the member of the society or charged at the spot from the visitor when the parking took place? What is the custom / practice / rule of the society in this respect?
Rajendra K Goyal
(Expert) 17 January 2017
it is advised to consult local lawyer and show him all related documents / bye-laws of the society.
Dr J C Vashista
(Expert) 18 January 2017
Being a licencee of your grandmother (member) of the Society you may use "paid" parking with permission/payment as decided by Managing Committee.
Your business partner is an "outsider" to the Society and shall have to pay for such unauthorised/illegal parking as demanded by Managing Committee.
Radhika
(Querist) 18 January 2017
In this case i was using that two wheeler as if it is mine but the only fact was vehicle was not 'registered' on my name. So as Dr Vasishtha said, still i will be liable as per outsider's charges?
One more fact is, outsiders are charged on per day basis i.e. Only for No.of days for which vehicle is parked. So, even if i was charged as an outsider, calculation should have been on per day basis i.e.12 Days in a month * no.of months* charges.
Is my contention stand right?
Rajendra K Goyal
(Expert) 18 January 2017
Author seem to be right, the parking charges should be charged same day from outsider at the fixed rate on actual days of parking. Owner of the flat can send letter duly acknowledged to waive such uncalled charges and if no action, may move to co-operative court as she has not parked and not having the vehicle.
Dr J C Vashista
(Expert) 19 January 2017
I respectfully differ with Ms. Radhika as well as expert Sh. Rajendra K Goyal since the Society do not open such an account to oblige a regular "visitor" like the author, whereas it (Society) shall charge on recurring basis till proper request is sent to the Managing Committee and/or specifically permitted by General Body/Bye-Laws .
