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Audry Fernandes (nil)     17 June 2010

CHS member notice for harrassment

Ours CHS is over 40 years old. We have 5 buildings of 2 storeys,not on stilts. Hence there is very little space for parking. Earlier 2-3 members had cars now there must be about 30 cars and the no. is growing. We have decided to allow only one car per member. in the early years (30 years ago maybe) one member was allowed 2 cars parking. This has not been reversed.

1. Now another member wants to park 2 cars which we have disallowed. They have sent us a notice of harassment, mental torture and inconvenience.

2. We allow even leave & licensees 1 car parking at a much higher rate. This member states that we should not allow leave & licensees and allow them 2 cars parking. I understand that as per bye-laws, leave & licensees can also claim membership during their tenure. So they should be entitled to parking like members.

3. They are claiming compensation under the Consumer Protection laws. I think that members of a society are members and not consumers. 

4. They are also pointing out encroachments made earlier and why the society has not taken action. They have been living in the society since its inception and have never written about these matters earlier nor have they come on the managing committee. In fact no one wants to come on the committee and members come only after lot of pleading and coaxing. We have never had contested elections ever. The earlier committees took up these matters even to court but nothing much came out and you know court cases last for years.

Cam they harass the committee in this manner?






 2 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     18 June 2010

legally consumer forum do not have such a right as a member of the society, he is using it not as an customer, society is not earning profits from the transaction. 

in short consumer forum is not correct forum to be addressed in the manner. appoint advocate accordingly and file a return civil suit for damages of breaking society rules & bye laws.

Send one notice to all the members as their is shortage of space available for parking society has decided to allow per member only one car parking.


1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 August 2011

Byelaw No.82 says


No member shall normally be eligible for being allotted more than one parking space.for parking the car owned by him----------------------.But if any parking space remains not allotted for want of applicants for allotment, such parking spaces can be allotted for a second or a third vehicle. Such allotment shall be on a year to year.


He can be allotted a second parking slot if space is available after satisfying all the applicants.


I don’t think that a Co-operative Society will come under the Consumer Protection Act.  The Act gives several definitions for a complaint. His complaint wouldn't come under any of them. But he can complain to the Registrar or can go to co-operative court. There is no provision as such in the byelaws to allot parking space to sub-tenants. If any member wants to park a single car he should have preference over sub-tenants. But a second car is a grey area.


He can also point out that you have allowed another member to park 2 cars.


Do not worry. It is very difficult for him to takeany action legally


1 Like

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