There is no such case law

Law is well settled by judgment of Bombay High Court in case of Veena Coop Housing Soc that contribution has to be on unit basis and not area basis

Its not that individual flats are being repaired warranting members with lesser area to pay less and members with bigger area to pay more

Its repair of the society building as a whole for which contributions are always on unit basis

Consider this - its not that by taking less contribution from members with lesser area the contractor will apply a differential treatment for repairs than he would for that portion of building which is occupied by members occupying bigger area. The contractor will apply the same uniform treatment for the entire society building. The area of the units is of no relevance.

Please check above judgment

The by laws clearly states that in case of major repair the fund has to be given on the basis of the the area.

Regards

Alternatively you may also gainfully refer to the judgment passed by the 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.

No judgement with regards to the major repair as of now is available, to the best of my knowledge.

Regards

What should be quantum of contribution towards maintenance charges, so also, what should be proportionate share of each member while raising funds for expenditure to be incurred for repairs is a matter to be decided in the general body meeting of the society by passing an appropriate resolution to that effect.

Major Repairs Funds, as and when required and decided by the by the General Body at the rate fixed pro-rata on area basis.

It is recovered on basis of area of flats

It depends on the resolution passed by majority members in the general body meeting.

You can search for relevant rulings from indiankanoon.org.

The general body can decide about it and it is not mandatory but circumstantial.