Yes definitely the society has illegally occupied your parking space and therefore you have every right to sue them.
Hope my reply helps you.
Sir I have purchased one flat 4 years ago.There is some problem with constructor ,I don't know the actual problem .Flat owner make society and get affiliation from appropriate authority I don't know who it is ? I am not residing there, my flat was empty most time,for 8 months I rented my flat.I am paying all money as per society demands ,it may delayed for 8 to 9 months because when I came to Kanpur I pay all debts of mine. Sir this time what society members done.That they captured my parking When I talked to him they told to me that you have not pay your debts so you have not alloted parking .When I have told about that I have purchased this parking and it is mentioned in registry .They not agreed.So tell me that I can lodged the FIR UNDER IPC 441 AND 504 regarding this or not .Secondly I have not given any undertaking to become member of the society. So it is necessary to become member of the society . Thirdly I am central government employee and as per ccs conduct rule I am not Liable to join any society.So tell me that the society encroach my parking space or not.
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Yes definitely the society has illegally occupied your parking space and therefore you have every right to sue them.
Hope my reply helps you.
Sir tell me two answers clearly first I am bound to be the member of society without any undertaking Second Can I lodge FIR against society member or not under IPC 441 and 504
Firstly, once you have bought something then it is yours.
Secondly, no one can encroach your area until it is specifically mention in the agreement.
1)you need to member of society as you are flat owner
2) no case can be filed against society under section 441 of IPC
3)when you purchase a flat you have to be member of society . it is not against conduct rules
4)you should file complaint against society for deficiency of service and seek allotment of car parking slot
5) please note that builder cannot sell car parking slots
you have to give an undertaking to abide by rules and bye laws
2) no case of criminal trespass is made out under section 441 of IPC
3) you are only owner of flat
4) society is the owner of land on which building is constructed once conveyance executed by builder in favour of society
Your not obliged to join any society file ccomplaint against society members before police under charges of harassment extortion and also against builder for consumer protection as he failed to safeguard your interest
Yes you are bound to be the member of the society and required to pay the common area maintenance charges regularly.
The vacancy of the flat is not an excuse to pay the CAM charges needed to run the services in the campus.
The RWA can stop the services like cleaning , lifts, electricity( if connected through the common supply) to you but can not stop you for your property rights.
You may ask answer to why the have captured your parking in writing and go for FIR against the President and Secretary of the society you may also go to the registrar of societies and chits and complaint about the melpractices of the society.
RWA is responsible for the maintenance but is not the owner of the buildings are any property.
Hello sir , the above conduct of the society members , definitively falls under section 441 and 504 IPC ..2) the parking was allotted by the builder and you have rightful posession over it , as per the sale deed .. Even if your maintanace Bills are due , the society members cannot disposes from your property .. It is also advisable to file a civil suit for permanent injuction against the society ...2) it is not necessary to be a active member of the society/ association ..
Having a flat in a society implies that you have to be a member of the society, and bear in mind that the same is not against the CCS rules in relation to the housing society. Yes the parking has been encroached
file complaint against society for deficiency of service and seek allotment of car parking slot, no FIR is maintainable against the society as the same is not a criminal act
You are under a wrong notion that since you are a central government employee you cannot become a member of any society.
There is no such rule prohibiting you from becoming member of the cooperative society.
There are various cooperative societies for the welfare of employees and similarly this society under which your flat is situated is another welfare society and the membership to this mandatory since you are just the owner of the flat and the flat is covered by common area which belong to the society.
As the car parking area is a common area, it belongs to the society hence you cannot say that you have purchased it, do you have a separate registered sale deed for purchasing the car parking area?
You cannot lodge any police complaint in this regard because the demands of society is as per bye laws of the society and it is legally valid hence there is no question of any criminal offence.
If you talk rules then you may have to observe the rules regarding purchase of property and also letting it out on rent and the claim of HRA and lot of legal issues involved in it.
In my opinion, instead of agitating over the issue and fighting on useless issues, better go by the laws of the society and fight only when the society is going against its own bylaws in this regard.
Sir tell me two answers clearly first I am bound to be the member of society without any undertaking
Second Can I lodge FIR against society member or not under IPC 441 and 504
You are bound by the society laws and you are to become a member of the society to avail all the benefits of the society including share certificate which is mandatory for transfer of your property by sale or mortgage or by gift etc.
Without NOC from society you cannot transfer the flat to anyone and also you may not be able to avail any common amenities without the society's approval.
Moreover no criminal complaint is liable against the society on this count.