• Query_ Consumer Courts

Dear Sir,

I am a self employed professional (Advocate & Tax Consultant). I have purchase office premises under MOFA from the builder.
I am a member of cooperative society in Mumbai. The society is consisting Sixty one offices. (No residential flat). Society is registered under Maharashtra Co Op Societies Act. Land & building is conveyed to the Society. Since two years day to day affairs of the society is managed by the Managing Committee. 
For parking member’s vehicles in the basement and in compound of society building rotational parking facility is provided to the members. Managing Committee is not allowing me to park my car inside the society building on the ground that I have not purchase parking space from the builder and my name is not appearing in the list submitted by the builder to MC. MC says that only those members are eligible to park vehicle in side society compound who have been allotted parking by the builder. 
Can I file a complaint against the society with consumer court?
The moot points are that
1)	 I am a self employed professional
2)	 Society is not residential Premises but it is commercial premises consisting of only offices. Does Commercial nature will create any jurisdiction issue or maintainability of the suit can be challenged on such ground, 
3)	Consumer court has jurisdiction to hear my complaint considering above points?
4)	If I have given my office on leave and license base, will this affect jurisdiction of consumer court?
Asked 13 days ago in Civil Law from Mumbai, Maharashtra

Not agasint society but builder. Ask the builder to submit your name for parking. Well on open place none have exclusive right, nether builder has authority to sell or allot parking space. Can only sell/allot covered parking.

Society reasoning lack wisdom, complain to registrar of society or get relief from cooperative society court. Consumer case agasint society is maintainable but in your case, no consumer dispute involve but violation of civil right. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Youcan file complaint against society before consumer forum and seek orders to direct society to allot you car parking slot 

 

2) complaint is maintainable as you purchased office for earning your livelihood and not for commercial purposes 

 

3) don’t give your office on leave and licence basis 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

You can file. As being service provider and receiving maintenance from you it is bound to allow you parking. It can't restrict parking on above rules. 

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Instead of taking this case with consumer forum you have to raise this issue with Registrar of Co-operative Housing Society Act, plus forward one copy each to deputy commissioner, commissioner, Secretary and ministry of Co-operative and than see the result.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Issue a legal notice to the society that you are fully entitled to rotational parking in common open space as lawful member of the society and therefore the society is under legal obligation to provide parking facilities to you as to other members. 

Further request to allow you to park your vehicle inside the society with immediate effect. Why an appropriate compensation for financial loss caused due out side parking of my vehicle, shall not be claimed from the society, shall be explained to me.

In default appropriate legal action shall be taken for necessary directions to this effect including payment of compensation.

Give 15 days time. 

After that file the complaint in consumer forum. 

 

Kallol Majumdar
Advocate, Kolkata
1410 Answers
2 Consultations

5.0 on 5.0

you must file an written application complaint before co-operative registrar and with your local police stating your all facts supported with documents before that you should also issue a legal notice  and still if it doesnt work then you can intiate the legal proceedings against the same.

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

1. this is a dispute between society and its member

2. therefore the co-operative court will have jurisdiction to hear and entertain the matter u/s 91 of the societies act

3. consumer court does not have the jurisdiction

4. the society is wrong in not allowing you to park you vehicle

5. you have paid the builder not only for the carpet area of your premises but also for the common areas amenities and facilities which includes parking. 

6. you have paid builder on super built up area which includes charges for common areas and facilities

7. therefore you have full right to park your vehicle in the society compound

8. please file a dispute case in Maharashtra co-operative court 

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

Yes you can file complaint against society for allotment of parking space because it's the responsibility of society to allot parking space.

The case is maintainable in consumer forum because you are consumer of society.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

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