As a senior citizen who has paid for an assigned open parking lot in your gated community, you have a good legal and practical ground to protest the coercive relocation of your parking lot and blocking of access during cultural events.
Legal Position on Paid Parking Allotment in Gated Communities
When you pay for a particular parking space, you get a contractual right to occupy that space. This right is guaranteed under the terms of your contract with the RWA or the housing society, and it cannot be arbitrarily withdrawn or changed without your prior permission. The Supreme Court rulings and RERA directives make it very clear that both the open and stilt parking areas are common areas but usage rights are distributed among the residents on payment or allotment. The allotments have to be respected by the RWA and the RWA cannot arbitrarily displace a resident's vehicle without following due process and consent of the party. RWAs are able to hold community events but in a manner that does not take away the rights of residents. Preventing the main roads from use or pushing residents to displace paid parking cars, particularly seniors who need medical attention, is tantamount to abuse of authority.
Rights as a Senior Citizen and Resident
The medical requirements and age enhance your right to free access to your vehicle. Therefore, the following action made by the RWA that hinders your quick access to your car in times of emergencies can infringe on your right to health. You have the legal right to peacefully enjoy the paid parking area without unwarranted interference or forced shifting. The RWA has to allow free passage of ambulances and emergency services at all times of the day. Therefore, keeping the main circular road closed for hours is not reasonable and can be challenged in the court.
Legality of Forcible Shifting of Your Vehicle
Making you move your vehicle without notice, consent, or alternative arrangement would probably be against the law. The RWA must ensure to also offer adequate alternatives. Such conduct might contravene the society's own bye-laws or the Maharashtra Ownership Flats Act (MOFA) or equivalent state legislation applying to housing societies, which require honest and equitable management of parking.
Recommended Legal Action
Reference the conditions of your parking allotment and society bye-laws to ensure your rights and obligations of the RWA.
Write a formal complaint to the RWA, mentioning your status as a senior citizen, medical emergency requirements, and right to paid parking. Ask them not to disturb your parking space.
You can invoke provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which protects senior citizens' rights to property and peaceful living.
In case the RWA continues, send a legal notice via an attorney requesting the stoppage of forcible changing and hindrance.
You can go to the Consumer Forum or Civil Court seeking enforcement of your rights, alleging harassment and breach of contractual rights.
In case of obstruction of ambulances or emergency access, you can also lodge a police complaint for obstruction of emergency services.
Record all cases of forced relocation, road blocking, and any medical emergencies arising out of delay.