The classification made between the members on the basis of the date on which they moved in the society is illegal as there is no intelligible differential. You can challenge the notice in the civil court and also seek temporary injunction to restrain the society from stopping the parking of second car by you.
Entry into society and parking
Recently our (cghs) society (at sec 10, dwarka, delhi) has put up a notice that second car. This however is ONLY for people who moved in after 30-9-16 or are not having stickers by then. People who are staying here from before and have have parking stickers on more than one car can park any number of cars inside the premises. I stay with my parents and my father has one car (swift) and i have one (alto). There is ample amount of parking space inside the society at all times. This notice has come up without the approval of the society members, the management comity don't need approval or consensus per them. So what can be done. Can i be forced to keep my car outside. Outside there is no light, no security what so ever. Who will be responsible for theft or vandalization, if that happens. Kindly advice.
Asked 7 years ago in Property Law
Religion: Hindu
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11 Answers
1) issue has to be placed before the managing committee
2) resolution has to be passed in the MC meeting
2) if you are aggrieved by decision of MC requisition a extra ordinary general meeting and said issue can be discussed and voted upon by members
Update:: Recently our (cghs) society (at sec 10, dwarka, delhi) has put up a notice that second car. This however is ONLY for people who are not having stickers by 30-9-16 (which are given at discretion of Management Comity members without any rules or parameters). People who have parking stickers on more than one car can park any number of cars inside the premises. I stay with my parents and my father has one car (swift) and i have one (alto). There is ample amount of parking space inside the society at all times. This notice has come up without the approval of the society members, the management comity don't need approval or consensus per them. So what can be done. Can i be forced to keep my car outside. Outside there is no light, no security what so ever. Who will be responsible for theft or vandalization, if that happens. Kindly advice.
Asked 7 years ago
1) make representation in writing to the MC
2) if MC refuses to listen to reason requisition EGM as advised earlier
3) the notice issued by society s misconceived and unsustainable in law
MC is not accepting any application or complaints. As per them the decision is final and cannot be challanged.
Asked 7 years ago
1) you can along with other members requisition EGM .
2) if application is made MC is bound to call for EGM
3) decision taken by EGM is binding upon all members
4) in alternative you can move cooperative court and challenge resolution passed
This is illegal and devoid of any rationale. You challenge this in the civil court through a suit for injunction.The injunction may be issued as a temporary measure even on the very first hearing to restrain the society from taking coercive measures against you.
It can be challenged in the court which can set it aside.
This notice has come up without the approval of the society members, the management comity don't need approval or consensus per them. So what can be done. Can i be forced to keep my car outside. Outside there is no light, no security what so ever. Who will be responsible for theft or vandalization, if that happens.
If you consider this notice as illegal and you are aggrieved by it then you may initiate proper legal action against it by first issuing a legalnotice to the committee questioning their authority to take such unanimous decision without taking the consent of the members of the society nor convening a general body meeting to implement such decisions.
This can be followed by proper legal actions through registrar or cooperative court as applicable.
For the safety of your property, it becomes your responsibility, you cannot claim any compensation or security for that overruling the law meant for this. You have to safeguard yor property, the society will not answer for your concerns in this regard.
MC is not accepting any application or complaints. As per them the decision is final and cannot be challanged.
You first initiate legal process by issuing a legal notice demanding your relief and follow it by filing a case before the consumer forum also f need be.
Consult with a local advocate and take decision accordingly.
What about this poiunt>> People who are staying here from before and have have parking stickers on more than one car can park any number of cars inside the premises. Should it not be same law for all.. one car per member or like that... insted of someone with 3 cars can prk another cant park the second just because of sticker issue ?
Asked 7 years ago
It has to be uniform. There is no intelligible differentia in this, hence it is liable to be declared illegal by the court.
1) law should be same for all
2) society cannot favour residents who started staying in society earlier
3) you can move cooperative court to challenge said resolution
The rule is common for all. Some people are more common in law hence they flout rules as per their desire.
If you notice ny such irregularity you may highlight the discrimination by the society to others that of you and seek relief and justice.
Until you fight for your rights you may not get that.