Civil Procedure Code (CPC)

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Society changing parking allocation without informing member

(Querist) 30 July 2020 This query is : Resolved 
Hi Experts,
I own a flat in Mumbai - Andheri area. I was allocated an open parking space against my flat. I had then rented my flat to a tenant who did not use the parking. After 8 months of tenancy the society sent me a mail "requesting" me to surrender the parking, but by that time I had already decided to occupy the flat back and use the parking so I replied to the society that they should not change the allocation of parking to the flat since I will occupy it.
But the society did not reply to my mail and silently changed the allocation. They kept on charging the parking charges from me.Now they are offering me an alternate spot saying that they had changed the allocation and I can claim a refund for the parking charges I had paid.
I have a ethical question as to why the society changed the parking slot without informing me. As a society member I should be eligible to know when my parking allocation is changed.
Can I take any action against the society ?

Dr J C Vashista (Expert) 30 July 2020
Is it a cooperative society or RWA ?
Management of society can not change parking slot arbitrarily, challange it before appropriate authority / court.
Sudhir Kumar (Expert) 30 July 2020
first read society constitutions. without this you are neither able to understand the problem nor able to convey the same.
Sha (Querist) 30 July 2020
thank you Dr Vasishta, Mr Sudhir !
It is a CHS. The "secretary" is quoting that it was done in accordance to a parking policy but I have repeatedly asked him to share the parking policy which he ignores. When the society changed the allocation there were many other parking slots which were empty and unallocated. The society targeted my parking slot as it was larger and better situated.
If the parking slot is empty due to lack of vehicle and there are still vacant spots in the society can the society still target a specific parking ? What authorities can I approach for this please?
Shilesh Patel (Expert) 30 July 2020
The society should give you in writing for changing the allocation of the parking.
But once go throw the rules and regulations manual of your society and then claim your previous parking slot.

The society cannot target your parking slot, address the society through a notice then you can move to the authority.
Sha (Querist) 30 July 2020
Any suggestions fora lawyer who can help me fight this ?
P. Venu (Expert) 30 July 2020
First of all serve a legal notice to the secretary. It could even be that the Secretary is not authorised by the bye-law or the resolutions of the Executive Committee or the GB to take such arbitrary decisions.
Rajendra K Goyal (Expert) 30 July 2020
Lodge your concern with the society, request not to change the site as you were paying the charges.

If no action, discuss with local lawyer and approach court.
Sha (Querist) 10 August 2020
any one has any suggestion for any lawyers who can deal with this matter ?
Sha (Querist) 10 August 2020
The society does not have a policy in place for this. anyone has any suggestions for lawyers who deal in this ?
Rajendra K Goyal (Expert) 11 August 2020
You should search local lawyer who is easily approachable / convenient / suitable / economical for you.

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