High-handedness of a CHS in Mumbai suburb

This mail came as a query. But it is being featured in co-op complaint due its applicability in a wide range of cases-Editor

 Query of Sunil Mishra

Sir I am a member of a co-operative housing society in Mumbai suburbs. I have purchased a flat and a car parking space in the above-mentioned society and the same are registered with the sub-registrar of assurance. Now my issue is I own two cars and the registration certificate book of both my cars are given to the society as per their requirement. For one car they charged me RS 300 as I own a parking space and for other they charged me Rs 700 per month which I paid to them from time to time.

Now suddenly one day I received a bill from society saying Rs 100 per day penalty for parking my second car in the society premises. On enquiry I came to know that a circular was pasted on the notice board of the society for levying penalty as passed by managing committee without taking AGM.

I wrote a letter to the society and asked them to waive off the parking charge levied by them as I have not seen the notice board and I have not received the circular either. I also asked them to give me the resolution copy regarding such charges passed by them in managing committee so that I could seek some legal advice on it.

On my request they wrote a letter to me that as a special case they waived my parking penalty charges and asked me to keep only one car inside my parking which I agreed. Now again they tell me that only one car number can be registered in their records and not the other.

My question to your good self is as I have two cars- can I keep any one of my cars in my car parking space and other car outside society. On enquiry the society says no if you do so then they will charge me RS 100 penalty per day. Are they justified legally? Please reply and help me in this matter as to what action should be taken against them for such behavior.

I C Naik

The Committee can levy a penalty for breach of bye-laws at the rates fixed by General Body Meeting in advance. Bye-law No. 166 contains detail steps to inflict a penalty. Penalty levied in breach of the Procedure as per this bye-law is illegal and not payable.

Second car parking is also provided in bye-laws concerning parking where demand is lower than supply.

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