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By Maharashtra Bureau

The maintenance bills by co-operative housing societies cannot be charged on the basis of area of the flat. The size does not make more or less the services availed by the member. It is sensible to charge the maintenance bills equally from members of the society, rules Bombay High Court, in the court of Mr. Justice Rajan Kochar.

The Bombay High Court had passed a ruling previously stating that society cannot charge non occupancy charges one and half times of the services from its members.

Co-operative housing societies charge its members monthly for services like watchman, power, water, taxes etc. The societies charge its members on the basis of area of the flat. It charge more to big flats and less to small flats. According to Bombay High Court it is not fair practice. The Court has accepted that although the managing committee is authorised to fix charges in AGM, but it should take balanced and sensible decisions. AGM majority cannot do injustice to minority. The supremacy of AGM cannot take unjustified decisions.

So, how to charge its members? The society should follow state government rules according Cooperative Act.

The maintenance should be charged according to the provisions of the Act.

Venus Co-operative Housing Society, Worli ( Sea face ), had filed a Writ inĀ  the Bombay High Court. The application was dismissed on the above mentioned ground.

3 thoughts on “Societies cannot charge bills on flat size”
  1. i need a copy of this judgement of justice rajan kochar against venus co-operative housing society as my co-operative society are charging as per sq.ft and we are paying high as compared to others on square feet basis.

    this judgement will do a lot of good for us. thanks.pls help me with the judgement copy

  2. Hi,
    I am puchased a builder floor apprt. in Delhi in Sep2017 where on one side of building there are four 4 bhk flats(1 occupied by me and other 3 are vaccant) and on other side 8 flats are 2 bhk. Monthly maintenance charge (MMC) is only used for common area like parking cleaning and stairs electricity bill etc where every flat contribution is same irrespective of size, MMC is not used for maintenance inside flat (where size of flat matters) but for last one year I have to pay 1.5 times higher MMC than 2 bhk flats. Is it correct because no contruction/restoration/repair related maintenance is done on 4BHK side.

    Regards
    Suresh Kharwar
    +91-9799786421

  3. In my builder floor apartment with no registered RWA, more smaller flats are imposing more maintenance charge on less bigger flats for all common area maintenance, no maintenance is done inside flat so area of flat should not be consider.
    Pls help by giving any suggestion or proof which I can show to prove my point.

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