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BHARATI MITRA (ES)     22 August 2012

Dadagiri of old members and committee members of the society

I have purchased this flat 3 years back and member since then.  I have purchased car in this May.  Our society is small and has limited car parking space.  Somehow adjust 8 cars.  Now there are three more cars including mine which is parked on the road (outside society).  The Secretary is not following the society bye-laws and doing the allotment of car parking as the older members who have got the parking space are not allowing to do so.  As per them since they have been staying in that society from the beginning they have full right over the parking space and no new member will be allowed to park their cars.  As per my understanding and reading, the bye-law says that IF A SOCIETY HAS LIMITED PARKING SPACE, THE ALLOTMENT HAS TO BE MADE ON LOTTERY SYSTEM.  SINCE THE PLACE IS OWNED BY THE SOCIETY, EVERY MEMBER - NEW OR OLD HAS EQUAL RIGHT. 

Can any of you guide me on this and clarify if this is right.  If it is right what action I can take on their DADAGIRI.  Please Help



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 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     22 August 2012

Dear Baharati,

 

You are right that as per bye laws society has to follow lottery system for car parking if there is crunch for car parking space. If the society is not listening to you, then you need to send a legal notice through an Advocate. even after that if the society committee remains adamant then you need to file a case in the co-operative society court against the society committee members.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai 

b man (Namaste)     22 August 2012

 

Dear Bharatiji,

 

I think instead of sending a legal notice, you should file a complaint with the Deputy Registrar of Cooperative Housing Societies. This should solve your problem in all likelihood.

 

After filing a complaint make sure to follow with a RTI request for the action taken on your complaint. This will force the Registrars office to take action on your complaint.

 

Warm regards

P.S: I’m not a lawyer

BHARATI MITRA (ES)     24 August 2012

Thank you Rohiit for your kind advise, makes me stronger on this ground. Thanks Bman - I think I should first go to Dy. Registrar. Thanks a lot Both of you.

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