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Sherry C   01 July 2021

Parking inquiry in housing society

Hey guys, not sure if this is the right area but if anyone can help, it would be greatly appreciated.

- presently I live abroad. I have a flat in Mumbai in a housing society. I have parked my old car in the stilt parking. The parking lot was given to me by the builder as the construction was just over. That was more than 10 years back. The car is still there at the parking area. The people around in society ( basically the workers) have started keeping the water pipes and buckets etc under the car. They use these things to wash cars for the society members. And even after trying, it’s difficult to control them. Now society is worried about the mosquitoes and want me to remove the car. They are advising me to give the place to some other member of the society and charge them. They say that the person will remove the car when I sell the flat or come back to stay there. I have made up my mind to sell it once the COVID problem reduces. Can someone advice me on proper action I should take? 



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 7 Replies

Dr J C Vashista (Advocate)     01 July 2021

It is your own car, which you may sell it any time whenever you feel, no one else has any problem .

No legal issue is involved in the post.

Sherry C   01 July 2021

Actually, the problem is people in the society are storing things under the car, which has lead to mosquitoes and that has lead to other people in the society having issues. 
 

My question:

- Legally, isn’t the society responsible for keeping the area clean and prevent people from using my parking spot as storage? 
- legally, can the society force us to remove the car even though we are not at fault? We are NRI so we don’t live there all the time and COVID has made travel hard.

- is the society allowed to remove the car by just sending us a letter? We could do a court case against them if they did this right? 
 

thank you kindly

G.L.N. Prasad (Retired employee.)     01 July 2021

When the society is collecting maintenance of the common area, it is their responsibility to upkeep the premises including parking place, to keep the things clean.  They should warn those that are keeping their belongings in someone's area amounts to trespass.  Whether the society member is NRI or not is the issue, they have been collecting maintenance, receiving consideration, and blaming someone who is far, when solving the issue is within their duty is not proper.  Issue a reply as notice and ask the society to keep the place clean by directing their sweeper..  Instead of correcting the irregular procedure, collecting maintenance and throwing blame on some other tenant amounts to deficiency of service under CP Act.

1 Like

P. Venu (Advocate)     01 July 2021

The situation is unusual. Any solution is beyond the legal elements. Why don't entrust some one to interact with the Society and and resolve the issue? Have you engaged a caretaker for car or the flat or both?

Sherry C   02 July 2021

Ooh thank you so much for the advise and quick response. It was very helpful!

T. Kalaiselvan, Advocate (Advocate)     02 July 2021

The car as well as the car parking space belongs to you.

The society has no rights to direct you to remove the car especially for the reasons what they have stated.

If at all somebody is doing this mistake especially during your absence, you can not be held liable for other  people's such mischiefs.

As rightly observed by experts above, since the society is collecting monthly maintenance, it becomes their duty to ensure the cleanliness of the atmosphere and the common areas.

In fact it is the duty of the association to ensure that such things do not occur or take proper action to prevent such occurrences.

If they still insist on such things you can issue a legal notice to the association mentioning all the above issues and instruct them to refrain from giving such threats which are illegal and that you would be constrained to approach appropriate legal forum for getting your grievances redressed.

 

Asgher Mahdi (Advocate & Legal Advisor)     06 July 2021

The well principle that the parking lot is of yours and you are owner and simileteneously, its your duty to maintain clean the area. Though, you are abroad, atleast make certain arrangement through someone to look and maintain the area clean. Since, the place is made  dirty by some other else, for which society can pass necessary order to those who made the place dirty. Selling of it is your own choice.


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