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common area expenses distribution in mutistorey.

Querist : Anonymous (Querist) 04 May 2011 This query is : Resolved 
I live in a multistory apartment of 6.25 acres having flats of different sizes staring from 1 bed room to 4 bed room in kanpur UP.
The common services are done by the builders but charged from us as per the area of the flat which i have opposed citing ruling of the Bombay High Court in 2002.

The builders are adamant that their method is right as the bigger flat owners are enjoying more servies wich they are not able to explain as no flat owner is geting any services within the flat premises.

the small flat holders are being charged less so they are happy with the rule but the 3 & 4 bed room flat holders have to bear the inflationary effect every year.
I have also tried to show this Bombay High Court ruling to the flat owners and builders but they say it is of the Maharashtra so does not apply here in UP.

Attached is the ruling of Bombay High Court.

please advice !!!!
R.Ramachandran (Expert) 05 May 2011
If the builders are adamant, then you have to approach the court to establish your stand.
Guest (Expert) 05 May 2011
Based on the judgment you have attached, better file a case against the builder in the court of law.


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