Parking rules

pratibha ajbani (Querist) 20 March 2020 This query is : Resolved
I am owner of flat , parking charges for owner is RS 50/ I have rented my flat ,my tenant is not using parking as he doesn't have car.
I am packing my car for two hours . society had charged me RS 250/ tenant charges
Please advise is it legal.

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Quick Summary

This discussion addresses the legality of parking charges when a flat owner rents out their property. Generally, if a flat is rented, the tenant is considered the user of the parking space by the society. However, if the owner uses the parking space themselves, even for short periods, they should not be charged at a higher 'tenant' rate. The society's bye-laws are crucial, and charging an owner more than the standard owner rate for their own parking space is likely unjustified and potentially illegal.

Sudhir Kumar, Advocate (Expert) 21 March 2020
first see society constitution.

S.Chandrasekaran (Expert) 21 March 2020
Once you have rented your flat, tenant is in the picture as far as the association view is concerned. If he parks his vehicle he would be charged as per tenant basis for parking in the place marked for that vehicle. The fact that he does not have vehicle is already noticed by Association and that is why he is not charged. When he does not have vehicle and he does not park any vehicle there, But anybodyelse or you as the owner try to park your vehicle there, it is just like the law: "PAY AND PARK YOUR VEHICLE" in a public area. That is you have to pay like the tenant that he would be charged. It is as simple as that.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
It is not necessary to rent out the parking space also to the tenant by the owner of the flat.
The owner can retain the parking space while he has rented out his flat.
If the tenant is parking in the parking space allotted to the owner then the tenant is liable to pay the parking charges as applicable to tenant as per the bye laws of the association.
The charging of extra charges from the owner who has parked his own vehicle in the parking space allotted to him is not justified and not maintainable legally, if the owner decides to initiate legal action against the society through consumer forum.
The bye laws of the society do not say that the owner has to charged at the rates applicable to tenant for parking his own vehicle in the parking space allotted to him which has not been rented out to the tenant by the owner along with the flat.
You may refuse to pay the extra charges and issue a legal notice demanding the explanation and the relevant laws for charging this extra amount after which you can approach court of law for remedy and relief.

Rajendra K Goyal (Expert) 21 March 2020
What are the charges taken by Society from tenants for parking of the vehicle?

However all depends on the bye laws of the society, resolutions passed in the AGM.

If Bye laws and resolutions are silent on the issue take up the matter with society and Registrar.

Raj Kumar Makkad (Expert) 22 March 2020
I suggest to go through the bye-laws of the society first before forming any firm opinion.

Hemant Agarwal (Expert) 23 March 2020
1. Society under MCS Act are conducted on basis of "mutuality and equality" and shall charge uniform "parking charges" (as approved in the general body meeting), without any difference, irrespective of whether it is being used by member or by a tenant of member. There CANNOT be any differential or discriminatory rate of parking, even IF Flat is rented out.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal (Expert) 25 March 2020
In such circumstances, matter has to be taken at appropriate level. For proceeding legally send legal notice to the society through your lawyer and file case to remove discrimination.

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