Lalit Munoyat
I am the secretary of a housing society registered in Dist Thane Maharashtra. There are 30 stilt parking 30 open parking. Total members are 78. The stilt parking holder claim that since they have purchased the stilt parking from the builder, they should be charged parking charges of Rs. 200/- and the other open parking holder must be charged Rs. 500/- I have tried to prevail over them and explain the law as in the case of Nahalchand Laloochand Pvt. Ltd. Appellant VS Panchali Co-operative Housing Society Ltd but they would not listen and try to justify the same on the basis that ” all other societies across the State” follow the same practice.
Please advise me the right legal position. I am of the view that only uniform parking charges should be levied because all monthly parking expenses should be divided amongst the total parking holder in which case it would be equal for each one. (This is the concept of mutuality for sharing of common expenses and not to make any profit)
Just as they are insisting on different parking charges, can I counter them by stating that total parking charges be divided by the area of each flat and charge the same on sq. feet basis so that larger area is charged higher rate. ( Frankly speaking I am not personally convinced on this line of argument).
If by any chance unequal parking are levied, which forum of justice can I approach i.e Registrar of Society, Consumer court etc.
I C Naik
Nahalchand Laloochand Pvt. Ltd in one Consumer Court Order it was ruled that As the builder contract of sale of parking was voidable at the option of the Society the ultimate owner of the Parking Places General Body can pass a resolution to the effect that all Parking places belong to Society. After that Society can re-allot parking to members as provided in the bye Laws. Stilt Parking Fees and Open Parking fees can be at different rates as they serve differently to the members.