• 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 2 months ago in Property Law from Delhi, Delhi
Religion: Hindu
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. 
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
It can be challenged in the court which can set it aside.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
It has to be uniform. There is no intelligible differentia in this, hence it is liable to be declared illegal by the court.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0