• Society Clamps two-wheelers of members and outsiders

I live in a society in thane where we all have designated parking space from the builder for four-wheelers.

For two -wheelers we have stickers and limited to two per flat. This is all fine.

The society is managed via a third party vendor.

It has been observed that the vendor/managing committee are too enthusiastic of clamping two-Wheelers and charging Rs 500 fines in case of parking even a feet from the designated area,

We feel these are traps so an unsuspecting 2-wheeler parks wrongly and then their vehicle gets clamped and now they extort a fine.

We are not sure whether all this money goes in to the society account.

Also it has been observed that not all visitors are stopped while entering the society gate and when they park it in the society they are clamped and forced to pay Rs 500 penalty.

One building is actually a different society and they have different rules for parking. Resulting in confusion, clamping and wasting time arguing.

My question is ,
1. Is clamping and restraining vehicles by civilians legal? As you are trapped without a vehicle and cannot travel especially in an emergency.
2. Can a society charge you a fine if you even park a feet from the designated parking area due to bad judgement?

Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

1. Well, no private body has right to impose penalty and collect it for unauthorised parking.

2. So even if there is excess or unauthorised parking the managing committee or the body running the maintenance of the society can not exact penalty and fill up it personal coffers.

3. So immediately lodge a complaint with the registrar of the society and get it adjudicated. This is a nexus between the committee members and private body to fulfill their personal gain. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

They can't do such illegal things. They don't have any authority to do so. Only corporation has such rights.you can file a complaint to local police station and Dy Registrar against the said illegalities. You can also approach consumer court for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

in my opinion such clamping and levy of fine is absolutely illegal

only the authorised officers authorised by the RTO can have such a right 

why does not your society take over the management from the third party vendor?

has the society ever asked what is done with the fines collected ?

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1) has any resolution been passed in AGM regarding imposition of fine ?

 

2)no fine should be charged if you park a feet from designated parking area 

 

3) raise the issue in AGM 

 

4) complain to registrar against imposition of fine by society 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Penalty is illegal. Complain to registrar or suit in cooperative society court for relief. Mere feet variation has no consequences until real hardship to other owners.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Fine is illegal without any government authority no such fine can be imposed. 

Complaint before the registrar of society and further also seek complete details of amount collected and used by the third party.

Also it is advisable that society take management in it's hand.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Society can charge for wrong parking this is nothing illegal to charge for wrong parking but the third party vendor should be controlled by the Managing committee in case of irregularities being done by the vendor and there should be some rules in this regard and in case any vehicle is part after a given time then it can be clamped.

 the amount so received by clamping the vehicles  must be deposited in society accounts  and you have the right to ask this society to provide information in this regard with the amount so collected is deposited with the society or it is being used by the vendor.

Please remember to rate  this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

the appropriate authority is the Registrar of Societies, under the office where your society is registered. you can challenge their complaince level and apply for disqualifying them for violation of the Act and By-Law.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Since it is third party not registered in society it is illegal by them to collect fine and further the society property is private and all members have share in same so claimping of vechile is illegal in same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Any proposal deviated from general prudence and illogical is void whether passed by majority. Can charge for wrong parking but that should be repetitive and intentional nuisance, not applicable in your like situation.

Clamping illegal and criminal offense.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If fines were approved in AGM then society can impose fines for wrong parking 

clamping of vehicle woukd be illegal 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There is nothing illegal to clamp the illegally parked vehicle as the society have its own bye laws and is govern on the basis of its bylaws.

If the General Body Meeting resolution in this regard is passed by the the residents then there is nothing illegal in this regard you have the right to protect your property by way of making certain rules for the society's betterment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes it's illegal. Any illegal things can't be confirmed in agm

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.  IT is criminal offence (harassment, threatening, intimidating, restraining, extortion ....) for putting vehicle clamps inside the society premises.  This is irrespective of any general body resolution or whatever.

2.  You can file a Police FIR, requesting investigation and charge-sheet, for offences like harassment, threatening, intimidating, restraining, extortion ....against the person, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

This is a system introduced by the  maintenance caretaker of the society who has been appointed by the society.

Since this matter needs approval of the members of the society, the system should have got an approval from the embers through a general body meeting  or a special meeting for the purpose.

In that the matter should have been discussed by all and the resolution to have passed by ,majority members.

If no such procedures have been followed then you may agitate the decision by the management committee and object to their unjustified demands.

You can even take up this issue legally through the cooperative registrar or through court of law also

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The resolution passed by the AGM is after the approval by the majority members, hence this becomes a bye law which is legally valid.

Clamping of vehicles cannot be tolerated by the members hence they can protest this and also plan to initiate legal action against the staff who are doing it

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that two wheelers of the society members are been clamped and the fined.
  2. There is no fault in maintaining a proper plan for each and everything, but at the same time that too not be arbitrary.
  3. There must be rule which has been approved by way of voting in the AGM.
  4. And in fact, first there must be relief to the first time in a month then if done again, should be fined but not 500/-.
  5. No body does intentionally, it happens sometimes. Rules should be in a way which are good for all, but not unjustified and arbitrary.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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