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Vandan Kumar   16 June 2022

Car Parking Dispute

Dear Advocate's

Pls advice on... Where /Which court to file complain for "Dispute of car parking" between member and Society Committee in mumbai?

Regd
Adv Singh


Learning

 5 Replies

Pradipta Nath (Advocate)     17 June 2022

Seems it is a civil dispute, therefore civil court is having jurisdiction.

Kishor Mehta (CEO)     17 June 2022

File a written complaint to the Society and endorse a copy to the Deputy Registrar of CHS of your zone. If you do get a response from either you can file an RTI to the Deputy Registrar of CHS of your zone and follow it up with first and second appeals in RTI. This course will definitely help you solve your problem.

Alternatively you can take recourse to the Consumer Grievance Forum, you can file your grievances online.

These are the best and tried remedies for solutions to CHS grievances .

1 Like

P. Venu (Advocate)     17 June 2022

What are the facts? What is the context?

Sravika Reddy Kohir   17 June 2022

Hello Vandan Kumar, I acknowledge your question. Members can first submit their complaint application to any of the office bearers of the society, in writing. If you are not satisfied with decision or there isn’t any action taken from their end within 15 days, the he can approach the competent authority i.e., the Co-Operative Court of their jurisdiction for the disputes between members and Society committee, which falls under the section 91-A of the MCS Act 1960 for matters relating to parking and other miscellaneous matters mentioned under the section. Under this section Co-Operative Courts were established in certain territories to deal with cases with respect to that jurisdiction. Section 91 of the MCS Act 1960 confers exclusive jurisdiction on Co-operative Courts to decide the disputes between parties referred to in section. It prescribes the jurisdiction of ordinary civil courts to decide such disputes between the parties referred to in the said section. You can also approach consumer court for deficiency in services.

You can refer to the below article to find out the other by laws that are in practice with respect to co-operative housing societies.                                          https://www.lawyersclubindia.com/articles/Bye-laws-of-a-Co-operative-society-6705.asp

I hope I have answered your query.

Have a good day.

1 Like

Vandan Kumar   18 June 2022

Thank Sravika jee,
your reply is truely 100% correct which re-confirm my own openion,
Thank you so much for your brief reply, Highly obliged 🙏

Best Regards

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