shaji thomas
2010-03-16 08:33:30 UTC
I had given an application in the year 2000 for a Car parking allotment, and I was allotted the Car Parking , now as I am not staying in the society as my Flat is Given on Paying Guest Agreement and we occasionally Visit the Flat ?
Now as I was not staying there from last 4 years , and the car parking was used by a member who is my friend , I was charging him the same amount , as Society was charging me Rs 50 per month, as the person was not paying in time , now mutually he agreed to pay rs 100 per month to cover my payments in advance to society.
I moved out of the society 4-5 years back , now society has found out as i am not staying there, and The Flat is given on paying guest agreement which shows the owner is also staying there ,
They have given a letter stating to cancel the car parking as , the General body meeting in 2004 they had passed a Resolution stating , if a member has rented out a place and not in his flat for more than 6 months , his car parking allotted to a member is cancelled . And the Car parking cannot be used by the non occupied owners tenant, Car parking is automatically allotted to new member on waiting list,
After receipt of the letter I have asked my friend (member of same society) to remove his car and I have parked my car there.
There is another rule for car parking that if a member sells his flat , its car parking is allotted to the waiting list member, this point I accept totally , which I told in the meeting , but if a member is renting his flat or not using it for a period of more then 6 months his car parking is cancelled , Which I feel is wrong , I had to wait for more than 6 years in waiting list to get my car parked inside , now as I am still a member of the society how can they can cancel it , Just because of a non justified AGM of non occupancy by member , when his member ship and monthly payments of double society charges are intact and in time .
I have replied to them stating I have received the letter and my car is under repairs and when it comes it will be parked there, and for your kind info i am staying there, I occasionally visit there.
I had gone to the management committee meeting also , they all are in a opinion that , as we are not staying there, we should leave the car parking, as it does not belong to us any more as we have given out flat to some girls who are staying there, I Told them , they are paying guests , and my mother who is owner occasionally stays there much of time she is there with me at other house.
I informed them as they have charged me till last month and which is period of non occupancy charges which they were taking more than Rs 500 which for a owner occupied is Rs 250 only and for car parking separate Rs 50 , as when i was not there from last 4 years u have charged , why now u are cancelling my car parking, They have not taken car parking charges from me from Last month as the notice of Management committee meeting was taken only on 3rd march 2010 , how come they can deny taking charges from me for feb 2010,
I know according to Supreme court order , charging non occupancy charges more than 10 % is not advised from tenants or non occupied flat is illegal. they are charging us from last 10 years which is more than Rs 25000 to Rs 30000 , if asked for i can get a refund of the same.
They are threatening me that they will inform Municipal and other people whom its concerned so that I will charged in more taxes.
I want to Apply to Registrar Co-Op Societies , as its partial behaviour for people who have given their flat on rent , and non occupancy also we pay more 90 % , As when a parking is allotted to a member who is a member still , what difference it makes to society whether member is staying there or not staying there as long as there is no default from the members side on payments, We are paying regularly.
Please Guide me what to do , and Shall I approach the Registrar of Co Op hsg Society , as I stay in Pune, Maharashtra ,I am Real Estate professional according to me , its not a difficult one as , there are many societies in the location who have been informed to return the extra Non Occupancy Charges what they have taken from 10 % of Std from the Non Occupying Owners.
Whats my chances of winning this case , and how much will it cost me , and how many days will it take for me.