• Illegal parking in front of my flat

I recently moved into a flat on ground floor of a building with no boundary wall . The previous chairperson and treasurer insist on parking in front of my bedroom and bathroom window . The owner of the flat confirmed there is no parking in front of the flat and also the building plan shows no parking outside the window . I have already written to the secretary and chairperson who informed people not to park .. however everyday there is a forced parking and the secretary does nothing . Please advise on legal action can be taken as there are no parking rules and these gentleman ar likely to fudge documents to show parking allotment by society
Asked 1 year ago in Civil Law

7 answers received in 1 day.

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10 Answers

1) apply to muncipal corporation and apply for and obtain parking plan approved by municipal corporation 

 

2) issue legal notice to 2 members not to park car in front of your window 

 

3) file suit seek injunction restraining them from parking on front of your window 

Ajay Sethi
Advocate, Mumbai
97233 Answers
7852 Consultations

  1. You have two options viz a)  request the owner to move cooperative court or consumer court against the society mc against such illegal parking. Or if the owner doesn't grant in to your request, b) move the civil court against the housing society yourself for the nuisance of such illegal parking. 
  2. Do note that you yourself can't move the cooperative court or consumer court as not being the owner, you may not be member of society. Hence in the eventuality of the owner not granting in to your request, I have adviced b)  in 1).
  3. You/ owner obviously require legal assistance for the litigation. My services are at your disposal. But you need to visit me for exhaustive consultation first. I'm based in Mumbai /NaviMumbai so it shouldn't be much of an issue for you to visit me. 
  4. ९८२०८९७८८४. (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1581 Answers
5 Consultations

Kindly approach the society first and if nothing happens , you can approach the Municipal Corporation and can also take help from authorities for this

Rohan Raj
Advocate, Kolkata
31 Answers

It will be a task to stop it 

Parking is so scarce in the city that people would go to any extent to park their car 

Even if you take up this matter with the authorities there is hardly something that is likely to happen to give you relief 

Complaining to the police will not yield any positive outcome 

Writing to the district deputy registrar of co operative societies can be explored and hope that he acts or gives necessary directions 

 

Yusuf Rampurawala
Advocate, Mumbai
7721 Answers
79 Consultations

Complaint to Police can be made for Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

 

 

The resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

 

 

You can also lodge your complaint  before the Registrar if management committee of the society is not responding.

Mohsin I Shaikh
Advocate, Pune
4 Answers

Call the police, it will torch the vehicle parked in no parking area.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

The person who is parking his vehicle in a place which is not a parking space is termed to have committed an offence for having parked his vehicle in no parking area.

If your complaint with the association president/secretary yields no desirable result then you may have to resort to legal action,by first issuing a legal notice to the person who has obstructed your easement right.

The right to light is basically the right to prevent the owner or occupier of parking space from placing his vehicle which has the effect of illegally obstructing or obscuring the air and light that you are entitled.

Besides this illegal parking is a civil nuisance, especially parking his vehicle near your window may invade your privacy too. 

If your legal notice also fails him to pass the message, you may resort to further legal action by either giving a complaint to the registrar of cooperative societies or approaching court with a suit against the illegal occupier.

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

File a criminal complaint in the Court of Magistrate against him for the offence  of criminal trespass. Trespass in to  a constructively possessed also amount to offence, the property need not be in actual possession. Punishment is imprisonment up to three years.

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

You can file a case against the said society with dy registrar as well as consumer court

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Dear client,  

You can take the following steps to address the issue of forced parking in front of your bedroom and bathroom window:

Check the society's bylaws: The society's bylaws will specify the rules and regulations for parking within the premises. Check if there are any provisions for parking in front of your window. If there are no provisions for parking in that area, then the parking is illegal.

File a complaint with the society: If the parking is illegal, then you can file a complaint with the society. Write a letter to the secretary of the society requesting them to take action against the individuals parking in front of your window. Attach a copy of the building plan that shows that there is no parking area in front of your window.

Send a legal notice: If the society does not take any action, then you can send a legal notice to the individuals who are parking in front of your window. The notice should state that the parking is illegal and you will take legal action if they continue to park in that area.

File a police complaint: If the issue persists, you can file a police complaint against the individuals for trespassing and parking illegally. Make sure you have all the necessary documents to support your case.

It is important to follow due process and take legal action only after exhausting all other options. Remember to keep all communication and documentation related to the issue to support your case.

 

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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