Societies can’t amend by-laws if it is discriminating

Jessica Gupta

I am a resident of a co-operative society in Mumbai, Maharashtra.

The society is discriminating new members like me from old members in terms of vehicle parking fees. Old members are asked to pay Rs 60,000/- only, but new members are asked to pay more Rs 1,50,000/- i.e. more than double.

Kindly help with reference of the Supreme Courts Judgement which says that societies can make amendments to the by-laws as long as it is not discriminating among the members.

I C Naik

The complaint appears to be for discrimination in charging for Parking. It is not clear as to nature of Parking Charges? Is it a Deposit? Is it a Sale ? Is it a rent? Unless it is clarified it is impossible to attempt an answer. How Bye Law amendment comes in for parking as there are elaborate bye laws already. Unless all relevant information is given accurate advice is not possible.

 

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