Dispute in housing society in mumbai


Dear Sir,

I am a resident of a Housing society in Mumbai suburbs. I have aquired a car parking from an Ex member of  Society at Basement of Building in 2005 and submitted transfer request to society. Society transferred the same in my name, no transfer fees for Car Parking in this society but a  monthly maintenance is charged by socity in regular Bills. I am paying the same since then. In 2013 the adjoining parking owner started to create a dispute ove area of car parking space and started to claim that the area used by me pertaining to him. upon his such claim society passed a resolution which is totaly baseless and against me. Some of committe membes also planned to wipe out my Car parking number unauthorisedly, therfore i immediately submitted a police complaint with photograph of the Car parking space and also issued a notice to society for which society never replied hence i filed a suit against society and adjoining carparking owner in cooperative court seeking injuction on any changes by society as well as permanent decree and quesh of resolution passed by managing committee against me.

In 2014 the adjoing parking holder sold his property to another member alongwith the said car parking space. In view of this change i had deleted the name of earlier member from the suit and incorporated the new member as defendent in the case. The new defendent submitted to court that all claims made by earlier member were bogus and baseless and he has no claim over the area occupied by me. In view of this submission the society made a submission that as per this submission the society "do not want to implement the resolution passed in 2013"

Against above submission i has requested the court to pass a decree under ORDER 12 RULE 6 (order on admission) which the court rejected stating that the society did not accepted to withdraw the resolution instead they have decided not to implement the same. Now my advocate decided to file application under Order 23 Rule3 (order on compromise) but posting of Judge is pending.

Moreover, in AGM in this matter it was decided to submit a joint consent but society refused to do so and they manuplated the minuts accordingly. Moreover they also passed a resolution to recover all legal charges from me spent by society in this case.

Your guidance in the matter will be highly solicitated kindly advise the next course of action. Infact as of now the managing committe is also changed but some of old members are adment on the above and create hurdels to close the matter.

 
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