• Car parking in gated apartment in Chennai

My apartment is locking my car which is being parked in the car parking spot earmarked for my own flat. The reason is I am not sticking the society sticker on my vehicle. Is this legally allowed? I don't want to paste sticker as I want to keep my residence address discreet where ever I take my car.
Asked 1 year ago in Property Law
Religion: Other

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11 Answers

It is no ground for licking your car 

 

2) file complaint against  office bearers of complex before consumer forum and seek others to direct association and office bearers not to lock your car 

 

3) seek litigation costs AMC compensation for mental torture undergone by you 

 

4)  also complain to registrar 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

The society cannot legally insist on such compliance. You are entitled to your privacy which they cannot violate. Write to them lodging your protest. If they still insist, send them a legal notice threatening them of legal action. You may decide on further steps after getting their response.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

Don’t call for welder 

 

fight  issue legally 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Yes, you are very much within your rights to do so. In your own interests, videograph the whole operation with date and time. Keep a friend beside you as a competent eye-witness. Inform the society in writing of your action and warn them not to indulge in such unlawful acts in future.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

You can't violate the law for your own reasons. 

Pasting of the sticker to your car would be a requirement as per bylaws of the association. 

As an individual you cannot challenge the bylaws. 

Nobody is above law. 

You first confirm that if this is a dictate by the over smart secretary or office bearer. 

If this compliance has not been mandated in the bylaws of the apartment owners association,  you can object to their demand and can escalate the matter legally either to the registrar of cooperative society (provided it is a registered body), or by filing a permanent injunction suit to restrain from making such illegal demands. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

You issue a legal notice to whoever had locked your car or lodge a criminal complaint against the person responsible for this act. 

Breaking open the lock may not be legally acceptable. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

No one can force anyone to put sticker on vehicle of other. Apartment association is committing offence  of mischief, you can file criminal complaint against them in the Court of Magistrate. Court will issue a summon to them and after trial send them to jail. You can also civil court and obtain a stay against the order of apartment. 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

Society Bye Laws doesn't say that you have to stick parking sticker on your vehicle.

But unfortunately , there are some society committee which are managed by fools.

You can keep the parking sticker with you and show them whenever they ask.

Please write a letter to your society and ask them under what Society Bye Laws have they locked your car.

The car parking is allotted to you and its your car, you have all the right to cut those locks and dump them

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

Dear client,  

It is not legal for the apartment to lock your car without any lawful authority or permission. The apartment cannot compel you to stick their society sticker on your vehicle as it is your personal choice. However, it is possible that the apartment has made it mandatory for all vehicles parked in the parking spot to have the society sticker as a part of their security measures. In such a case, you may need to comply with the rules of the apartment or look for alternative parking options.

It is not advisable to take the law into your own hands and hire a weldor to cut through the locks as this can result in criminal charges against you. Instead, you can take legal action against the apartment for their actions and seek a remedy through the appropriate legal channels.

You can file a complaint with the local police or file a civil suit against the apartment for violation of your rights as a resident. It is advisable to seek legal counsel from a lawyer who specializes in property law to understand your legal options and the appropriate course of action. You may also explore online hearing options, depending on the local rules and regulations governing the conduct of legal proceedings.

 

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

You don’t have any compulsion to stick it only keeping it in car is enough for inspection of required society can’t force you to stick the same 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Legally , the society having no right to force the apartment owner to stick the sticker on the vehicle, except for the  payment of maintenance of the society. 

- However, if the said rule is passed in AGM , then you are under the obligation to comply the same. 

- Hence, you can refuse for the same and further the said act of locking the Car is also against the law, and you can lodge a compliant against the society before the Registrar .

- Further, you can also lodge a compliant before the police official as well. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

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