• Car parking charges

I am parking my car in the still of of my neighbour, since he does not have a car. The view of Secretary of the Society is "I am sorry there is no provision to let out a garage in society. It is an informal arrangement between you and 602, so that your car remains in shade.
You will continue to be charged for one car for open parking"
 In addition to billing me for car parking charges for open space my neighbour also being charged for alloted car parking space under stilt at the applicable rate

Please advise such double charging of car parking for one car is justified
Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

Please note your neighbour will be charged for his share of parking space. Better go through the regulation of society to see whether the society has right to charge. And if you are being double charged you can question it since its a formal arrangement between you and neighbour that he allowed you to park your car in his allotted space. If your parking your car in shade then they can't charge you for parking in open space. Better go through bye law of society.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Hi, the society can charge only the owner of the alloted parking .. If he is paying the charges, then you are not supposed to pay the additional charges to the society .. It is advisable to serve him a legal notice for the unjust demand ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

They are right to charge you as you don't have any documents to prove that the space is given on rent to you. Even the car is in your name and you can't show that vehicle belong to you your friend

So you have to pay the penalty to your friend who in return will pay to society

You can sit with the society and sort out the things on personal level

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

If you have been allotted car parking slot you ha ve to pay car parking charges irrespective of whether you park car or not

2) similarly member would be charged for stilt car parking slot irrespective whether he has car or not

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

The view of the Secretary of the society is misconceived.

He cannot charge both you and your neighbour for using a single car park.

Lodge a protest with the Society, and in case the same doesn't helps your cause, tender a legal notice upon them.

If nothing works, approach the Consumer Forum.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

If the neighbor is already paying for the parking then you are not liable to pay for anything.

Stop making such illegal payments being raised by the society.

Send a legal notice to them so that they refrain from posing illegal charges.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

There should not be charges for the same subject once again

The double charges for car parking is illegal and condemn-able.

You have to take up this matter in the next AGM or any meeting of the society.

This is just nothing but amending the bye law if any that empowers the society to act in this illegal manner.

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

1) you can make complaint to registrar of the MCS act and make bye-laws of parking the car in your society.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

It is inappropriate and illegal of society charging you for the same. It is no business of society about what internal arrangements you have with your neighbours. You can refuse to pay the same and file a Complaint against the same with Dy Registrar of Co-operative societies.

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

1. IF a member parks inside the Society premises, THEN the Society is entitled to levy the appoved Parking Charges. You may ask the Society to levy Parking Charges to the original allottee of the Parking Space, and avoid double parking charges.

2. IF member is parking in somebody else's parking space, THEN the somebody else can refuse to allow you to park in his space, ELSE he may demand some money for using his space.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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