Housing society fined for failing to allot parking lots as per bylaws

The District Consumer Dispute Redressal Forum (DCDRF) has asked the society to systematically allot parking spaces in their premises in accordance with relevant bylaws.

The District Consumer Dispute Redressal Forum (DCDRF) has fined a cooperative housing society in Bhandup for failing to frame a policy for allotment of parking lots and allot the lots in terms of its bylaws. The forum has asked the society to systematically allot parking spaces in their premises in accordance with relevant bylaws.

Kamlakar Rai, a resident of Joy Homes Co-operative Housing Society, had approached the forum in September 2018 complaining that though the developer had handed over the property to the housing society, the society had failed to properly allocate available parking lots to its members in terms of the bylaws adopted by the society.

Rai, in his complaint, alleged the society had allowed members to continue to hold the parking lots purchased by them from the developer as their individual property and had decided to allocate remaining parking spaces by charging certain amounts. He further alleged that while allocating parking space, the society was biased as they left out old members and gave spaces only to new members without adhering to society bylaws.

The plea was contested by the society on several grounds. The society claimed that as per the bylaws, space allocation for parking was on first-come-first-serve basis. It added that it was decided that owners were not permitted to use any other space than the allocated space for parking their vehicles.

As per the order, the society has a total of 297 flats and six shops and 181 parking spaces, which includes 41 stilt parking lots and 136 open spaces. As submitted by lawyers from both sides, the society has allocated parking spaces to 158 members and rest were asked to use remaining parking on rotation basis.

In this backdrop, the forum held that it was necessary for the society to allocate parking spaces per flat as per their own bylaws — on first-come-first-serve basis. The forum observed that the society has not allocated parking spaces according to the bylaws, a deficiency in services and also unfair trade practice.

The forum, hence, imposed cost of ₹10,000 on the housing society and held that the society has to allocate available parking spaces as per the bylaws.