I have purchased a flat in Kolkata with an exclusive open terrace. At the time of purchase the sale rate of open terrace area was 50% of the rate charged for the apartment area. Now the Developer is levying CAM charges in proportion to area of apartment for all apartments in the complex. However in my case they are charging CAM for the total open terrace area at the same rate as for the apartment area. My queries in this case is: 1. Can the CAM charge be levied on exclusive open terrace area at the same rate as for the apartment area? 2. Is there any legal precedence that can be cited in support of reduced CAM charge on open terrace? Any help in this regard will be appreciated
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First of all, terrace right cannot sold and equally owned by all flat owners. So, if you paying are for exclusive right on terrace. Payment loss.
What do u mean by CAM charges ? If for installing cam than it will come under amenities, why extra payment for it.
For terrace maintenance cannot be at same rate as that of flat
2) maintenance charges should be equal to all members irrespective of size of flat
3) bye laws adopted by society would contain provisions regarding levy of maintenance charges
1. You can dispute the said charges and file consumer complaint before consumer forum
1. CAM charges for the open terrace area CANNOT be levied, since the same is termed as "compulsory open spaces" and there is no facility (like water, electricity, sweeper, etc....) that is provided separately to the terrace area.
2. You can prefer to file a grievance petition before the local consumer court, for the deliberate negligence & deficiency and also can claim damages & compensation, supported by all relevant documentary evidences.
1. The common area maintenance charges may not be levied at the rates as applicable to other common areas especially when you have got exclusive terrace rights.
You may dispute it and ask them to give it in writing so that you can take the dispute through court of law.
2. How Society's maintenance has to be charged is explained in Part IX, Bye-laws 65 to 71 in the Bye-laws book of the year 2014.
If you find difficulties in your CHS charging its dues, then under the Bye-law No.172 make a complaint to your CHS quoting the relevant Bye-law/s.
If your CHS is not taking any action within 15 days of your complaint letter, then after giving a reminder complaint to your CHS, in which you will state that if CHS has not taken any action in another 15 days, and under Bye-law No. 174(A)(xii), you will make a complaint against your CHS to Deputy Registrar of Co-operative Societies.
If still no action is taken, then you will make complaint to Deputy Registrar, against your CHS, as stated above, with copy of your complaints to your CHS.
Dear client
The CAM charges are levied on exclusive terrace area can be negotiated by builder as there is no particular law regarding the CAM charges for exclusive terrace owner but it is sure that if you have exclusive access to some area then maintenance charges should be paid by you for that area.
1. The maintenance to be paid is predecided in cases of mutistoried/towered complexes and it is clearly written in the brochure published for selling those flats .
2. If the said open terrace is your exclusive property, then CAM can be charged from you.
3. However, finally the CAM to be paid will be decided the Housing Society once it takes overthe complex from the developer.
