Seven members of Shree Mahalaxmi Co-operative Housing Society in Mulund Fast had approached the State
Consumer Disputes Redressal Commission in 2019, alleging that 45 parking spaces had been permanently allotted to
selected flat owners. leaving 23 of the society’s 68 flats without parking facilities. The Commision has now ordered
annual rotational allotment to ensure eligible members have a fair opportunity to the spaces.
The complainants alleged that despite being eligible the society’s bye-laws and development control rules. they were denied park-
ing. The society had collected deposits from selected flat purchasers before allotting them all 45 stilt and open parking spaces.
Residents first raised the demand for rotational parking at the annual general meeting on Sept 24.2017, but it was rejected. They subsequently wrote to the society in October 2017 and January 2018, seeking equitable allotment.
However. at an extraordinary general meeting on June 2018, the society pased a majority resolution maintaining the parking
arrangements.
‘Ihe society and several members opposed the complaint, arguing that the dispute fell within the Co-operative Court’s jurisdiction
under the Maharashtra co-operative Societies Act. 1960. They also contended that the complaint was time-barred since allotments were made between 2003 and 2010, and that the complainants were not consumers as they had paid no separate consideration for parking.
Referring to Maharashtra Ownership Flats Act and the Supterne Court’s 2010 judgment in Nahalchand Laloochand Pvt Ltd v Panchali Co-operative Housing Society Ltd. the Commission held that stilt and open parking spaces formed part of common areas
and could not be permanently monopolised by individual members.
Bye-Law No. 78: The Society relied on this provision, which allows parking spaces to be allotted on a first come first served basis It argued that the existing allotments should continue. However. the Commission held that this provision could not be interpreted independently to confer permanent parking privileges on selected members.
Bye-Law No. 81: This provision applies when the number of members eligible for parking exceeds the available spaces. It requires the managing committee to allot parking slots annually through a fair and transparent process, in accordance with regulations framed by the General Body.
The Commission held that the society’s decision to perrmnently retain all 45 parking allotments violated the rotational principle under Bye-Law No. 81. It found that the June 3,2018 resolution maintaining the status quo could not override the model bye-
laws.
Pranali Lotlikar
Freepressjournal.in
