• Car parking

In my society two type of member residential and commercial. 
In same society In my brother name house also and on my name shop. 
As my mother is serius and on death bead and I parked my car in society desputed common road about 6 to 7 days. 
One day society gave me letter as you are commercial member you can not park your car in soiety. I told them you can not diny car parking to me as I am commercial member and I have not parked my car in society. I have parked on comon road which is claim by our society as wel as temple. So you can not take objection. 
They call sgm and pass i have to pay panalty parking charges for ₹300 per day and for one month penal charges 9000. 
Can do society comitee do this ?
Also As for repair of my shop I kept som material in society common premises by taking permission and paying deposit rs 7500/- 
As now they refuse to refund my deposit giving reason i have taken material in time 
I told them only one or two days late you can not refuce to refund me. 
I am senior citizen I have stopped payment of society mantanance as they are harassing me also I gave letter to Borivali Ragistrar and for your information committee is Not elected as per new rule. 
Suggest me what I have to do?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Hi, no need to pay the fine .. Let them approach legally , where you can contest the same ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If you feels a housing society has not been fair, you can file a police complaint against it, claiming infringement of your rights as a citizen. you can take legal recourse, such as approaching the civil or the cooperative court. you can also appeal to the deputy registrar of housing societies concerning your grievances.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. No member can park his vehicle in common areas of society

2. Society's demand for penalty for parking in society premises is not reasonable

3. You are entitled to refund of your deposit after deduction of reasonable penalty for not removing material on time

4. You must not stop paying maintenance.

5. Record your objection against illegal withholding of deposit

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Society cannot levy penalty of Rs 300 per day

2) you cannot stop paying society maintenance

3) society ought to refund your security deposit as you have lifted material from society although after some delay

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

Society cannot levy compound interest

2) you cannot refuse to pay society maintenance

3) society can levy interest as per provisions of bye laws ie maximum 21 per cent interest rate

4) society can file case against you to recover society maintenance with interest

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

1. Society has no locus to impose the penalty and it also lacks the machinery to recover the penalty. It has to file a civil suit for recovery in the civil court. So ignore their demands and tell them to file a suit in the civil court.

2. If the road on which you parked is disputed and claimed both by society and temple then you can park for the time being.

3. You say that permission was obtained from society to keep your material in common area, but was the permission given in writing. IN future obtain written permission.

4. If you send a lawyer's notice to the society and sue it in the civil court to recover the deposit it will exceed 7500. So does not make any sense,

5. Let the society expel your membership. India is not attuned to society culture as office bearers gang up under the impression that they are above the law.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You may not like this answer but this is true and please be aware that society is managed by its elected committee members governed by its bye laws which is of the superseding Nature and any decision which is passed in special General Meeting is binding to all including you if any charges has been imposed by the society and you it is required to be deposited otherwise society will have to take some action on you in case you have any grievances with society you have all the right to go to the registrar of societies and complaint you cannot Park any anywhere your vehicle which is not designated for the party and in case there is a field fix for this purpose then you have to pay your fees

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

As per Section 2(a-1) of MOFA, "Flat" is defined to mean a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or go down or for carrying on any industry or business (and includes a garage), the premises forming part of a building and includes an apartment.

Therefore being a member of the society you have rights to park your car within the parking space of the association.

The association cannot demand any money for parking space if they have not charged residential owner member.

Both are to be treated at par.

You can drag them to consumer forum or cooperative court seeking relief and remedy on this.

In fact, none of the co-operative society can charge any charges like car parking penalty or charges for parking the car in the common space or open space in the Society in undesired manner.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Society members told me If I not pay they are planning to my expel membership.

This is unlawful and illegal, you can take them to task through appropriate legal forum for releif and remedy.

Can they do as I not paid maintenance and penalty and my deposit rs 7500 with them. And non payment they demand compound intrest

It is illegal, you can initiate proper legal steps to recover your deposit amount.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly send them a legal notice;

2. You can ask for refund of your deposit;

3. The society cannot arbitrarily remove your membership;

4. The society has to adhere to the society bye-laws;

5. Consult a local lawyer and take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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