Hi Respected lawyers, I am a resident of Vivek Vihar Apartments Sector 82 Noida. The society manages a AWHO. This morning my society guard informed me that my car has been clamped by the society secretary on the grounds that my parking sticker expired and I need to meet him pay the fine, buy a new sticker and then I can get my car unclamped. When meeting the secretary he asked me to pay fine. He also asked me to submit my tenancy proof which is already submitted in the society office and wait for 2 days to get the new sticker. I pay more than 5k per month as a maintenance charges for this society and have been a resident since 2009. Society parking slots are bought by landlords and rented iwitg the flat mentionedn the rent agreement. My rent agreement clearly mentions the parking slots no available for me with the rented flat I need to know if this is legal for AWHO to clamp my vehicle on the grounds of expired parking sticker? And what action can I take against them?
When the parking slot is not available to tennats then how did you park the vehicle in the society??moreover if they didn't provide you with the parking slot they cannot fine you.
You should file a complaint with the rwa and also inform the landlord.
They can't do the same. You can file a police complaint. You can ask the secretary under which provision of society Act the said things are done. Cut the clamp through Weldor and throw it out. File a consumer complaint for deficiency of service.
The parking slots are available for tenants. It's even mentioned in my rent agreement.
You can take action as aforesaid
Notice should have been issued to you that your parking sticker has expired to apply for new sticker
clamping of car is an extreme step which should not have been done by society
whether any resolution has been passed by AGM regarding imposition of fine . Kindly clarify
Tenant is nominal member of society
metely because rental agreement mentions would not imply that you are entitled to parking slot
it is for society to allot you car parking slot if they deem fit
1. This is absolutely illegal. RWAs have become synonymous with such hooliganism.
2. RWA has no lien on the car. You should file a complaint in the nearest police station against RWA and if clamp is still not removed then appropriate orders can be sought from the competent court.
1. It is a criminal offence for private persons (RWA /Society /Security .... ) to put Clamps on legitimate Vehicles parking inside private premises (RWA /Society ) (and not on public roads). ONLY statutory authorities are legally authorised and have authority to put clamps parked on Public roads /properties. This is even IF Owner /Tenant has not paid their dues.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like restraining, intimidation, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
If tgey are available then it is your right. Go ahead and do the required formalities.
The clamping of the vehicle is actually an illegal act.
They cannot confiscate the car for this reason, this can be termed as an act of seizing or confiscating the private proeprty belonging to a third party without any legal authority to do so,.
However they may take cover under the bylaws of the association, which they will not be ready to discuss even if you insist on knowing it.
You may either comply with their demand or may approach your landlord for relief and remedy.
Being a tenant, this type of step motherly treatment towards the innocent tenants are very common in almost all the residents welfare association everywhere.
If you plan to take any action, they may introduce many other laws that will render you shelter less or would be forced to vacate resulting into many unfavorable situation, for which you may have to fight separately.
Think twice and take wise decision as per the practical situation.
The association is denying yo the parking space, but they require you to pay the parking fee which are over due from you.
You may decide about taking proper decision at right time.
you might have to go through their bye - laws and see if the Association itself while registering consciously has put the clause to levy such a fine.
Tenant is only a nominal member of the society and thus does not have parking rights. What is the ratio of the allotment of parking space in your society. whether each member has one parking slot ? If number of members are more and parking slots are less then decision of society would be correct. But, however, if each member has a particular parking area then you can challenge the decision of the society before the cooperative court.
1. Yes society can clamp the vehicle if mentioned in their bye laws.
2. You should ask your landlord to intervene between the matter.
3. If parking slot is available for tenants then you should ask secretary to release vehicle immediately if you have already paid fine.
No way, it is absolute illegal. Only govt. can impose penalty. and clamping is criminal offense.
