Sir I saw your blog spot on consumer resources and at various other places over the internet regarding co-operative society matters in Mumbai.
I wish to ask you the following
BRIEF :
My registered society based in Mumbai suburbs refuses to allot me parking saying that all parking spaces are full .
There are 20 flats and 16 members with more than 10 members having flats including mine is less than 1000 sq ft .
13 members are occupying 16 parkings of which all 7 on managing committee of which many of them hold 2 parkings ,
Points :
- Many members are holding more than two parking spaces .
- On saying that one member has to have one parking and saying to follow bye laws they say that they HAVE PURCHASED parking from builder and hence the parking belongs to them .
- On researching internet FAQ’s on parking policy , they refuse to accept Nihalchand SUPREME court judgement saying that facts of case are different . They also say MOFA ACT has been replaced with Maharashtra housing Act 2012 on February 2014 onwards and builders can legally sell parking.
- They say since the agreement with builder for flat is not void so therefore parking along with it purchased in agreement is not void . Please could you kindly say me a remedy to it .
Also 2 members not residing here but having parking spaces have given them to their tenants . Now instead of giving existing member parking . Tenants have parking spaces .
What are the chances of my case standing in court of law that can i be given parking space . Can i win in court.
Also which court should I approach – Consumer , Co-operative or directly high court .
The managing committee does not listen nor replies my request and starts fighting. They simply say I cannot get parking .
I C Naik
Parking in CHS has many complications. Bye Laws of almost all CHss reconnisesale of parking by Builder in defiance of even Supreme Court.
For you the Committee will not help you.
What you should do is to make a complanit to Consumer Forum. It is cheap and faster.