• Maintenance charges

In mumbai flat of 1627 sqft area is sold by builder by two agreements of area 932&695 sqft. as 2BHK and 1BHK . But only one kitchen is provided . Building plan given to us shows only 3BHK. Only one door , one post box , one gas connection is given . Society charges two maintenance citing two agreements . The same owners live in this flat . For an excess of 88 sqft society demands 5000/ more than from other members . Kindly guide me Wat I should do. If entitled
For single maintenance bill, give me precedent/ case law
Thk u
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

Have you purchased both flats ? If yes than single MC payable otherwise both owner's have to pay separately.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Since there are 2 separate agreement executed by builder for 2 flats society is justified in charging you for 2 flats 

 

even if there is one kitchen  ,one door Society can charge you separate maintenance 

Ajay Sethi
Advocate, Mumbai
100017 Answers
8164 Consultations

If building plan shows only 1 3bhk flat, then despite there being two agreements, the society has to charge for only 1 flat and not separately for the 2 combined flats

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

File a case in the consumer court.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

You challenge the maintenance bill before Cooperative Court at Ballard Pier Old Customs House ,under section 91 of MCS Act 1960 for exorbitant and excessive amounts over and above normal maintenance charges comparing to other members in the Society. 

Make Society, Chairman, Secretary and Treasurer as necessary parties in your disputes for excessive maintenance charge. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. if the sanctioned plan show only one flat and in reality it is one flat  as well which is further apparent from the existence of one kitchen then maintenance charge can not be obtained as two flats.

2. For this anomaly alone in most of the states under Apartment Ownership Act the maintenance charge is calculated on the area of flat and not the number.

3. If in your society the system is on number of flats then refuse to pay for more than one flat and the society can not take any lawful action for your refusal to pay as per their demand.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

File a complaint in the RERA against the builder. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. IF the BMC sanctioned plans show only one Flat with one Flat number, THEN the Society is entitled to issue you only one share certificate & one voting right, only one maintenance bill, without any further legal exceptions.  You can also check this with the BMC  Assessment Dept., (property tax bills) as to how your Flat is assessed.

http://chshelpforum.com/service-charges-of-chs

2. Builder sometimes makes two agreements for one flat, for income tax & other tax purposes. But this is a privity of contract between Builder and Flat Owner and the Society has nothing to do with it.

3. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

This is a two flat combined by the builder illegally.

If there are two registered sale deeds then it cannot be considered as a single unit.

Therefore you first take a legal opinion from a local lawyer, and also if you agree for paying the extra amount demanded by them then you can buy the flat or else you drop the purchase and buy  direct single unit flat.

 

You cannot get any case law for such illegal dealings.

 

 

T Kalaiselvan
Advocate, Vellore
90220 Answers
2507 Consultations

- Since, the building plan is showing 3BHK, with one door , then it will considered as one unit and not two independent flats , and the society cannot charge maintenance for two units on the ground of two agreements. 

- 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
15863 Answers
243 Consultations

If as per plan it is one flat then it will be single maintenance. Maintenance is divided as per member and no of flats divided by total expenses. 

Prashant Nayak
Advocate, Mumbai
34695 Answers
249 Consultations

How did he sell you a single flat while the agreements were 2? It means that either there were initially 2 flats but they were made into one or ghere has been sone changes in the plans. The maintenance amount cannot be arbitrarily charged. Send the society a notice and file a case with the registrar.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear sir,

The maintenance charges will be as per the society bye laws. You are suggested to confirm the same and then submit your objection in writing. 

 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

If those are for two separate Units merged together, then the said merged Unit will be considered as two units for the purpose of claiming maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

 You should file case before consumer forum against society and builder for charging double maintenance charges. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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