• Society's maintenance issue

Hello all,

We own two flats which were merged by the builder into one later i.e after the building plan.Thus the plan shows two units whereas the municipal record shows one unit.We also have one agreement.Thus we requested society to issue us a single maintenance bill,but the society has denied for the same.
We also spoke with Bmc wherein they addressed us the letter stating and reconfirming that the said flat is one unit.But society is not ready for the same.
Need guidance.Should v approach Deputy registrar?
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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14 Answers

Yes you can approach the dy registrar in the above case it will be considered as one unit only

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

If BMC states it is one unit then complain to deputy registrar against society charging you maintenance for 2 flats 

 

2) enclose copy of letter received from

BMC and sale deed executed by builder in your favour 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Yes if the society is adamant then approach the deputy registrar fir this grievance.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Society Billings are done as per the Units described in the sanctioned plans and as per the property tax assessment records.

2. IF BMC records show one unit, THEN Society CANNOT charge for two units, cannot give two share certificates, cannot give two bills and further the member shall have only one voting rights.  Recovery proceedings by society for the extra unit cannot be successful and the society will ultimately lose.

3. A grievance petition can be filed in the local Consumer Court for such matters, since the Deputy Registrar has no jurisdictions on such matters.

Keep Smiling .... Hemant Agarwal
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Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Complain to deputy registrar, last remedy - court.

This is single unit but may be larger unit in comparison to other flats. IF MC is computed on flat wise than it shall be only one flat.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

If two Apartments are merged to each other and there is only one registry to the unit the society has to recognise these units has one unit and they have to give you only one voting right and charge you maintenance for 1 unit depending upon the area of both the units because maintenance amount is charged on the basis house the super built up area and in your case the super built up area of both the flats will be considered her charging the maintenance.

If you are not getting any solution from the society then you have to complain to the registrar of the societies and chits regarding this who will forward your complaint to the competent authority which is Development Authority to give direction to society in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. the building plan is approved by the building proposal dept of BMC only

2. so if the BMC itself is confirming that the 2 flats are merged into one, then i do not see any reason why the society has a problem

3. please write a letter to the deputy registrar

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

In case society is charging maintenance member wise then only you have to pay for single flat though they can impose it square foot basis.

Also in case they are not ready to charge it as single unit file a consumer complaint and also can complaint before registrar.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

Since presently the unit is one and authority as BMC also recognised. You may approach registrar of society against the society for overcharging.

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes, you can approach sub registrar of Cooperative housing society and as per CHS bylaws and rules your flat should be treated as one flat.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- Since, the municipal record , and agreement shows as one unit, then society cannot charge maintenance for two units. 

- Further, the most popular method to calculate the maintenance fee is , Area wise maintenance i.e. according to the area in terms of per square feet owned by each member.

- On refusal by the society to treat as one unit , you should lodge your complaint with the Deputy registrar.

-  You can also file your complaint with the Consumer court as well . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Complaint to Registrar is to be made on the matters of maintenance or you can file Complaint before Co-operative court . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have registered two units then the society is right in demanding maintenance for two units.

The BMC cannot recognise it as a single unit since the approve plane clearly shows it as two different units.

 

In my opinion, you may have to clarify the registration details and then put up a fight with the society as per law, if you find any legality in your side about this.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2495 Consultations

You may register your complaint with registrar of societies but chances that your application will succeed are low. 

Because as per society records two flats are merged into one unit. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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