Legal Question in Social Security Law in India

I own a flat in the Society since 10 years, few months back I have purchased a car & have asked the Secretary to provide me a parking space for my car, inspite of my request letters, he is just prolonging the matter, & my car has no fixed space & I have to park inside but not a proper parking space, whereas as per law each flat has to be given one parking space but here one flat has been given 2 cars parking space whereas even the tenants have been given parking, & I am being harassed for one parking space to which I have a right, what should I do?


Asked on 10/29/12, 7:11 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

30.10.2012

Dear Sir / Madam,

Section 81 of the Maharashtra Co-operative Societies Act, 1961 reads - "No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner, or the Company of which he is the Director. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilt/parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space."

As is evident from the above, you are clearly entitled to a parking space, since a member is ineligible to hold more than one car parking space when there are other members who do not have even a single parking space.

You should write to the Hon. Secretary of your Society quoting the above Section and stake your right to be allotted a parking space in the Society premises.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice or guidance at [email protected])

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Answered on 10/30/12, 7:27 am


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