1. Express Apartment Resident Welfare Association (EARWA) is responsible for maintenance of common areas in Express Apartments of 141 flats & receives maintenance charge from us. 2. Builder in consideration of money allocated parking on its letter head to around 80 flat owners in the open area surrounding the apartment. 3. We have been protesting against such allotment by Builder since the Jan 2000. Builder never implemented such parking before handing over maintenance to EARWA in 2002. 4. Thereafter, flat owners having allotted parking on Builder’s letter head started claiming to be the owners of open parking slots inside complex. 5. The association dominated by such illegal parking lot owners levied parking charge from cars not having such allocated Parking. The illegally allocated parking lots are guarded & maintained from common funds collected for maintenance of common area. 6. Residents like me who refused to pay such charge were threatened of disconnecting power backup which has no link with illegally levied parking charge. 7. Allotment and sale of parking in open common area is illegal. The illegality has been upheld in various rulings in consumer & High courts and finally by bench of Justices A K Patnaik and R M Lodha of Supreme Court Supreme court on September 1, 2010. 8. The fire department declared some parking slots as illegal, for violating safety of the building. EARWA was forced to issue notices to parking lot owners based on directive of Fire department, disbanding their parking. However, surprisingly after few days, the same EARWA allotted them parking in other common areas in utter disregard to the commonality status. 9. EARWA allowed sale of common area as parking along-with resale of flats to innocent buyers. 10. More so EARWA illegally allowed renting of the parking lots stating that as owners of parking lots, they are well within their rights to rent and sale (in spite they are maintained in common area and being maintained by common funds)

1. EARWA being a society registered under the Societies Registration Act, 1860 and has a bounden duty to act in an unbiased manner towards all flat owners and has its has no authority to pass any resolution contrary the law of the land even my absolute majority. It cannot create right or allow selected residents to occupy common areas even if it has been allocated by Builder in utter disregard to law. 2. Further it cannot allow grabbing, selling, using, renting and transferring common area meant for the common use of all flat owners, even by purported support of majority. 3. Residents cannot be illegally and additionally burdened with the payment of any “Parking Convenience Charge”. Based on strong protests, EARWA removed Parking Convenience Charge from by passing a resolution in June ’13; they are insisting that residents like me clear their dues till June’13. This is not acceptable. 4. Either all residents having cars, having so called allotted parking, pay at the same rate till June’13 or the amount collected from us who does not have parking is refunded back. 5. EARWA should take clear stand on commonality status of open area. 6. EARWA should cancel all parking, create multilayer parking after approval from statutory authorities and allot parking to all flat owners. The additional parking must be created and maintained from common funds. As good gesture it may take up with the builder to refund the money collected for allotted parking in some residents in common area. 7. EARWA should not allow common area to be grabbed and owned permanently in utter disregard to rulings by Highest Court. 8. The so called allotted parking should not be allowed to be owned, sold and rented. 9. In case it is not considered as common area, EARWA should discontinue providing service of maintaining and providing security to them. 10. EARWA should stop victimizing residents fighting for their right for share of the common area and direct guards not to act in unbiased manner.

Complainant Information
name- santanu