Cghs societies
Sushant Bali
(Querist) 15 September 2012
This query is : Resolved
we have filed a case in the Distirct Court.
it is regarding illegal allotment of covered car parking of Cooperative Group Housing Society of Dwarka,Delhi.
society rulesput an Arbtration clause. now the jurisdiction is not been decided as the other party says we have to move to RCS.
is there any way that we can contest the case in the District Court?
Also. if you could please suggest some cases and judgements on CGHS Societies and regarding covered car parking.
Thankyou!
ajay sethi
(Expert) 15 September 2012
1)read the bye laws adopted by your cooperative society . if you dont have a copy request society secretary for one and offer to pay the xerox charges .
2)detailed guidelines are laid down for allotment of car parking slots . it depends upon number of flats , number of slots avilable . society has to invite applications from members . each member to be given one slot . if number of slots less than members applying society has to allot slots on lottery basis annully .
3)please note that builder has no power to sell car parking slots as they form part of common areas .
4)as far as jursidction is concerned if society rules provide for an arbitartion clause disputes have to be referred to arbitartion
Sushant Bali
(Querist) 15 September 2012
the society bye laws don't talk about such provision of selling car paeking.
they can't sell the car parking then. am i right Sir?
H. S. Thukral
(Expert) 15 September 2012
Civil Court has no jurisdiction over the disputes between members of the society/ society management. There is compulsory arbitration under the Delhi Co-operative Societies Act.
While approving the layout plan, provision for car parking has to be made. But covered car parking can not be claimed as a right and society can charge for the same. You have not clarified your problem for a specific reply to your query on parking.
Sushant Bali
(Querist) 16 September 2012
Sir.
1.we are the no. 1 owners of the concerend car parking of a particular car parking. we have payed them in cheque. but the society officials are working in an arbitratry manner.
draw of lots were conducted and that particular car parking should fall in our possesion but the officials are giving it to another member.
2.if we have to go by arbitration proceedings. can a court give a stay on that particular garage?
3. can society officials can sell the garage to non-members? without conducting draw of lots?
ajay sethi
(Expert) 16 September 2012
only members can be alloted car parking slots . a person who is not a member of coperative society cannot be alloted car parking slot.
one you invoke the arbitartion cluase the arbitrator after going through the facts of case and evidence pass a reasond order resolving the dispute . if you have strong prima facie case on merits the decision taken by the society will be set aside .
Sushant Bali
(Querist) 16 September 2012
thankyou Sir!
how much time will the Arbitrator take to pass an order sir?
and what about a stay on the above said garage? Can it be given by the Distict Court?
Sushant Bali
(Querist) 16 September 2012
Arbitrator in this case would be appointed by RCS!
