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Deepak (Sr. Software Engg.)     09 April 2024

Society member not parking vehicles in the allotted parking area issue

Dear Respected Lawyers,

I have bought resale flat in an apartment. From lift to my parking (No.4), builder has provided access way to go to my parking. But Flat owner of parking (No. 01)  is not parking his car in the allotted parking area and parking his car and bike in such a manner because of which the common area in front of his car parking/the access way to my parking is getting blocked. He is one of the old member and committee members are also supporting him. 

Can you please inform whom should I complain so that appropriate action can be taken soon?

Thanks and regards,

Deepak.



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 April 2024

You ask the same in AGM and if the AGM do not hear your words then complain to the Dy./Jt. Registrar of cooperative Housing Societies of your district.

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

You first inform the member that he is blocking the way by improperly parking his vehicle due to you are facing difficulty and hardship to park or remove your vehicle from the parking slot and request him to cooperate to clear this hardship.

If he is not listening then you can make a complaint in writing to the president or secretary of the association about this and request them to instruct the member to not to cause any hardship in this regard. 

If there is response for this then you can initiate legal action by first issuing a legal notice to the member and the president of the association to make proper arrangement in order not to obstruct your easement rights failing which you can file an injunction suit against him to permanently restrain him from blocking or obstructing public pathway or to face legal consequences. 

Dr. J C Vashista (Advocate )     10 April 2024

Discuss the issue with concerned member/resident directly.

If the parking still blocked your access discuss with RWA orally as well as written complaint followed by legal notice and

1) instituting a suit for permanent and mandatory injunction besides

2) filing a police complaint for creating nuisance and law and order problem through a local prudent lawyer.

Deepak (Sr. Software Engg.)     13 April 2024

Hello All, Thanks a lot for your valuable guidance. Regards, Deepak

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

You are welcome for your appreciations 


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