• Inappropriate charging of maintenance of flat

1. I am a senior citizen Suresh Phadnis 71 years residing at Kandivali East Mumbai.
2. In our residential building there are 62 flats in a 16 storey building. There is no cooperative society formed yet.
3. In the year 2013 -14 there were only 22 occupied flats (40 unoccupied flats)
Monthly expenses on the following heads were charged in 2013 -14 , 2014-15 ,2015-16.
A. Water charges
B. Electricity charges ( lifts ,corridors ,of the whole building)
C . Repairs and maintenance (whole building)
D. Sweeper expenses (whole building)
E. Plumber salary (whole building)
F . Security (whole building)
H. Accountant (whole building)
4. In year 2013 -14 monthly expenses were to Rs 48123 and each flat owner made to pay 48122 divided by 22 ( number of occupied flats) but number of unoccupied flats 40 were not taken into consideration
5.In year 2014 -15 monthly expenses were RS 79143 and occupied flats were 26
each member was made to 79143 divide by 26 but unoccupied flat number 36 was not taken consideration
5 .In the 2015 -16 monthly expenses were Rs 60177 and each member was made to pay 60177 divided by 28 (number of occupied flats ) but unoccupied flats number
34 not taken into consideration
6. All flats owners are of the opinion that except water charges all other monthly expenses should be divided by total number of occupied and unoccupied flats that is by 62.
7. Because heads of monthly expenses clearly shows that except water charges all other expenses were incurred for the whole building 62 flats .
8 . Besides all the members believe that the builder should bear monthly expenses for unoccupied flats because every year selling price of the unoccupied flats is escalating and builder is making an ample profit.
9. i request you to please provide legal opinion so that my monthly maintenance charges for these four years will be reduced .
Asked 6 years ago in Property Law
Religion: Hindu

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3 Answers

Maintenance charges of building including water charges ha e to be paid by all flat owners

2) it is immaterial that some flats are unoccupied

3) builder has to pay maintenance for unsold flats

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

Dear Concerned,

Yes - the maintenance has to be paid and divided against the total number of the flats in the society -even any unsold inventory at any floor or tower is a cost - however there is no maintenance cost of the flat as such - not being used 0 the developer is cheating all the 22 members as the cost has been passed to all of you ideally the total cost should be distributed and Developer should pay the balance.

You may file a consumer complaint for such overcharging and claim for refund of money and further equal distribution of expenses among the total no. of flats.

Best of luck

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Your concern about the sharing of maintenance amount by all the flat owners is genuine and justified, but who will listen to your plea or request/

The builder who is yet to sell the flats remaining unsold, cannot bear the additional expenses in the for of maintenance besides paying interest on the loan availed for construction of the flats.

There is no proper body or authority to take up or represent this matter legally, you may initiate action to form the society as soon as possible so that this question among other problems will get a solution.

Individually you cannot fight against this.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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