1.  Under the provisions of Society bye-law no. 75 - 81, allotment of Parking has to be on rotational basis, PROVIDED there is more demand for parking.

2.  IF Society has taken parking deposit, THEN Society has to refund back deposit alongwith Interest, for taking back the parking.

3.  IF you are paying the maintenance and can manage to keep a second hand car in your parking slot, THEN you can refuse to hand back the parking citing self-usage of the parking slot.

4.  Parking allotment is at the discretion of the Society General Body, who can also refuse parking for tenants.

1. If you still own a flat in the society then even after moving out of the flat and giving the property on rent , the society can not cancel the allotment of parking space anymore.

2. The allotment of parking space was one time transfer and it was not a temporary arrangement nor it was given on rent. Hence the society under no circumstances can give the said parking space to another.

3. So to restrain the society from doing so immediately lodge complaint with the Registrar of society and take legal recourse thereafter. In the meantime do not part with physical possession of the parking space.

1) society  can cancel parking allotment since you have shifted to Bangalore 

2) it can refund your deposit of Rs 1.5 lakhs

Tenant is mere nominal member of society and cannot claim parking slot in society 

Is there any provision on the bye laws that parking will not br allotted to the tenants?

regards

No such discrimination permitted, when flat can be put to rent, certainly parking will delivered too to tenant. Problem is in most of societies in India, morons are office bearer with poor desicion making. If no such clause while allotmwnt that parking allotment will cancel on put to rent. Cannot be cancel. You can get stay from court.

Yes he can use it.  Even there is a provision in model byelwas for visitors parking also. They can't take away your parking like that on basis of renting

Hello,

No the society is bound to provide you the facilities for which they charge you. Send them a written application and if it persist then send a lawyer s notice.

Regards 

1. if society is cancelling your allotment, then it ought to refund your deposit also and also not charge for car park in your maintenance bill

2. just because the member has rented his flat is no reason for society to cancel the allotment

3. the society cannot take such a decision arbitrarily and without giving any valid reasons

4. if there is a scarcity of car parking in society premises [for instance when number of parkings is lesser than number of flats/members], then it would be justified for society to give preference to its members for the car park over the tenants of its members

5. if above is not the case and there is no disparity between the number of car parkings and flats, then i do not see any reason why the society has cancelled your allotment, which is completely illegal and arbitrary

you may make a formal complaint to the Registrar of Co-operative Societies against the decision of the society committee. 

1. As per the information mentioned in the present query, makes it clear that the society has been doing or done injustice with you.
2. Once they have allowed the site, they can’t recall it and that is also in the ground which would not stand for one second before the court of law.
3. You should approach the court of law by filing a suit for injunction from cancelling the same and if has done then recalling of their order.
4. You just need to look that there should not be any clause in the agreement or rules on which you would have signed and the same talks about the renting point in it.

Dear Mr. Singh

The allotment of parking depends on the discretion of society Association and it can cancel the allotment if you shifted to somewhere else.

If they are cancelling the allotment then you can ask them for refund of the amount deposited for parking slot.

Parking to tenants depends on the Byelaws of the society and their policy for Parking space to tenants. May be due to low availability of parking space they cancelled your allotment. 

If there are scarcity for parking space to the members/owners then the society can decide to withdraw the parking space facility enjoyed by the tenants.

This decision can be taken in the general or special meeting and a resolution to this effect may be passed to amend the bye laws accordingly.

You may not be able to succeed in any legal step that you may intend to take provided there are sufficient parking spaces to all the members and other tenants.

There may not be any difference in the utilisation of the amenities to the tenants to that of the members.

If there are sufficient parking space to all the members then this problem may not arise.

In such a case you may seek refund of deposit amount