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cooperative housing society in UP.

(Querist) 01 May 2011 This query is : Open 
I live in a housing complex of 408 flats in kanpur.
The flats are 1,2,3,and 4 bed room apartments within the same complx which has a huge open area with huge lawns and play area which is used by all residents irrespective of area of flat.

The builders are charging maintenance @ of area of the flat and so the bigger flat owners have to pay more each time whereas the smaller ones are enjoying the same faciities inside the complex for a petty sum.
We have also quoted a judgement reported in 2003(3)AII.M.R.2003(8)LJSOFT 113 in the High Court of Bombay Writ petition no.1948 /1997. judgement 30.7.02 (R.J.Kochar,J)

The case inabove is the same as with us but people say that this case was from maharashtra so it would not apply here in UP.

Please advise us what we can do on this to get the builders to charge all residents per unit and not as per area of the flat as al services are being availed outside the flat and none of the services are availed inside the flat area.
judgement of Bombay High Court attached


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