Parking, Common Areas, and By-Laws

Do members have a right to appeal if their vehicle is towed or blocked by society action?

Yes, members have the right to appeal if their vehicle is towed or blocked by society action.

Yes, members have the right to appeal if their vehicle is towed or blocked by society action.

Written By: GatePal Analyst

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Short Answer

Yes, members have the right to appeal if their vehicle is towed or blocked by society action.

Detailed Explanation

Section 152 of the Gujarat Cooperative Societies Act, 1961 empowers members to appeal against any decision or action taken by the society. This section states that any member aggrieved by a decision of the society can appeal to the Registrar within 60 days of the decision. The Registrar has the authority to hear the appeal and pass appropriate orders.

Furthermore, Rule 140 of the Gujarat Cooperative Societies Rules, 1965 provides detailed procedures for filing an appeal. This rule outlines the format, content, and timelines for submitting an appeal to the Registrar. It also specifies that the decision of the Registrar on the appeal shall be final and binding on the society and its members.

In practice, if a member's vehicle is towed or blocked by society action, they can follow the process outlined in Section 152 and Rule 140 to appeal against this action. The member must submit a written appeal to the Registrar within the specified time frame, providing reasons for challenging the society's decision. The Registrar will then review the appeal and make a decision based on the merits of the case.

Real-world Scenarios

  • Scenario 1: A member's vehicle is towed by the society without prior notice. The member feels aggrieved by this action and decides to appeal the decision.

  • Scenario 2: A society blocks a member's parking space without valid reasons. The member exercises their right to appeal under Section 152 and Rule 140 of the Act and Rules.

Overall, the Gujarat Cooperative Societies Act and Rules ensure that members have a mechanism to challenge society actions, including towing or blocking of vehicles, through the appeal process to the Registrar.

References

  • Gujarat Cooperative Societies Act, 1961: Section 152

  • Gujarat Cooperative Societies Rules, 1965: Rule 140

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