SOFT OPTION:

1. STOP paying the maintenance charges and let the ghetto of others go the Civil courts, to recover money from you.

Keep Smiling .... Hemant Agarwal

If there is no one to take the responsibility then against you are agreived?

,The maintenance is charged on the basis of the area of the apartment and calculated on the total area of all the flats based on the total amount need to maintain the society.

Means this is equitable distribution of expenses among the owners in the proportion.

If you are not getting things done the mild legal way is to register a society with the Registrar of the society and follow the model by laws framed for this purpose and open a bank account for the purpose of control.

After the registration and formation of the society you will be able to approach Registrar for the direction in case of any dispute.

Good luck!!

Hi,

You are suggested to send a legal notice for proportionate sharing.

Maintenance charges are equal irrespective of size of flat in cooperative society

2) in your case no cooperative housing society is formed

3) you can raise issue in annual meeting called of all flat owners

4) put the resolution to vote and decision taken would be binding on all members

Call meeting of all flat owners and take decision of recovery of maintenance charges by majority vote of all flat owners

1. Your said grievance is a very common one raised by people of societies where flats of differernt dimensions have been constructed.

2. The matter has been widely argued all over India.

3. The argument is that maintenance is charged for the common service provided equally to all the flat owners irrespective of the sizes of their flats.

4. Maintenance amount is basically spent on arranging security guards , pump man, electrician, cleaner who cleans the common space and also collects garbage/left overs from all the flats.

5. Since no additional amount or labour is being spent for maintaining the bigger flats, the bigger flat owners will have no reason to pay more amount towards maintenance of the complex.

6. The above argument has been accepted every where for which same maintenance amount is charged on all flat owners irrespective of the sizes of their flats.

Bigger flat owners can not be compelled to pay more maintenance for the same facilities they enjoy with all flat owners as a result of the maintenance of the complex.

If there's no Association at place and there are no byelaws, levying maintenance at flat rate from everyone irrespective of the size of the flat, is having no backing/protection.

You can take this softly by sending a Legal Notice.

You can arrange for a meeting and let your grievances known in public to arrive at an amicable solution.

If it is not working then you may calculate the maintenance amount proportionately and give it to the person collecting the same.

If they object or try to deprive the basic amenities you may initiate legal action against that person.

Since your association is not formed you cannot initiate any action through the association.

You may have to take legal steps from your side only.

Hello,

Sir there can be no proportionate sharing, since the common area being shared by you is equal.

Even the person having a 1500 sq ft flat is sharing the same common area, common amenities like you, therefore both of you are required to give equal maintenance.

Regards

Hon’ble Bombay High Court in the case of Venus Co-operative Housing Society Ltd. vs. Dr. J.Y. Detwani [reported in 2004 (5)MhL.J. 197 : 2003(3) All. M.R. 570), wherein it was held that because the services available in a society are enjoyed by all the members (flat owners) equally, there is no reason for the society to make large flat owners pay more on the basis of their flat area.

As such there is no legal remedy that is available to you.

Regards

Mere your protest doesn't work out you must get coordination with others.and there is no any hard and fast rules for proportionate costs of maintenance.