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[Resolved]  Housing Society — Car-Parking and equal maintenance

Our Society have 34 flats in all.In stilt, Builder has sold us six covered car-parkings wide registered agreement and also provided us the receipt of the consideration amount for our parking space.The society is creating nuisance day by day by sending one or other letter and demanding us Parking Charge.Although as per the adopted Bye-Laws of the Society, the law does not allow the Society to impose Parking Charge for a Purchased Car-Parking, but is restricted only to the Car-Parking space alloted by Society.Moreover Society does not have convence deed.We, several times have given letter to the Managing Commiittee explaing the whole scenario, but day by day the harassement is increasing.Society is also not imposing the Equal Maintainence charge even we have acknowledged them with the copy of judgement of Honarable High Court.

Kindly advice for further action.
Complaint marked as Resolved Aug 14, 2020
Complaint comments  2 CommentsShareTweet


Dear Sir,

(1) My two wheeler is sold off on 1st Jan 2008 - I was out of Bombay when I came back on 1st oct. 2008 I informed the society by letter that they are billing me for rs.60 per month from Jan2008 to Dec. 2008, the society only agreed to pay me rs.180 i.e. 3 months for the two wheeler which was not there for all 12 months of the year 2008. What is the answer to this query.

(2) As I was out of Bombay I paid my quarterly maintenance bill instead of 1st July 2008, I paid
on 1st Aug. 2008 - I believe that I paid one month late hence society should charge me 18% penalty
interest for that one month, instead society wants to charge me 18% insterest for 3 months and insist
for the same.

On both above two queries I would like to have your opinion

(3) Our building is 17 years old and requires external wall cracks repaired and plasters and painting to be
done (ours is the 7-storeyed building with A B C Wings with separate entrances) Our Secretary of
Scoiety has given us the estimated cost of Rs.40 lakhs and over and he will single handedly manage the cost, we will not know what expenses he would show us and he feels highly offended if we ask the
bifurcation of all expenses for the work being carried out as the money belongs to all tenants and not for him alone.
Our society was formed in 2005. It has 34 stilt parkings and 60 open parkings and is currently not allocated. Under the bye laws parking is offered on first cum first serve basis. Can I claim the right to stilt parking as I was registered as the fourth purchaser of the house in the society

Are there any court rulings defining first cum first serve basis as per the bye laws

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