Lift charges as per m.c.s act 1960 and rules 1961

Kamal Shah (Querist) 31 December 2012 This query is : Resolved
My Society had 42 flats and 17 shops . A and B wing comprising of resident members having separate entrance . Shops are on the main road side with separate entrance . In that sense my society is divided into 3 parts : Wing A , WING B and Shops which do not come under any wing. Lifts are in Wing A and Wing B and Shop owners do not have any relation to lifts as they do not enterthe resident part or use lift . Whether lift charges are applicable to Shops also

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ajay sethi (Expert) 31 December 2012
since shops are part of society they are bound to pay maintenance charges . it is immaterial whether they are using lift or not

V R SHROFF (Expert) 31 December 2012
Lift charges are payable by all members irrespective of it's use. It is Gen mtn charges.

Kamal Shah (Querist) 02 January 2013
As per S. 69 (A) of M.C.S Act . Lift charges are to be paid by members of the wing in which lift is provided . If there are 2 wings in a SINGLE society. If there is lift in wing a and no lift in wing b. As per law, members of wing a are liable to pay lift charges whether they either of them use it or not. But whether members of wing b are liable to pay for it ?

Raj Kumar Makkad (Expert) 02 January 2013
The wing wherein such facility is available are only liable to pay otherwise shops owners are not liable for the maintenance of the lifts.

Kamal Shah (Querist) 02 January 2013
how should i challenge the same to the registrar office ?

Raj Kumar Makkad (Expert) 02 January 2013
You should challenge it as per the provisions of As per S. 69 (A) of M.C.S Act.

ajay sethi (Expert) 02 January 2013
you have changed facts of your case . you had earlier mentioned lifts are in WIng A and wing B . better cross check your facts . you seem to be improving upon your query after reading reply of experts

Kamal Shah (Querist) 03 January 2013
Sir, none of the experts except Mr RajKumar Makkad has understood the technicality of the query.
My initial query is the main query but no one is able to give a justified answer .
So, I simplified my query and again simplifying it for better understanding .
( Please do not consider it as I am changing or improving my stand or subject matter . I am simplifying it )
A single registered Society has 2 wings Wing A and Wing B
A wing (7 floors ) has lift and hence all members residing in A wing are liable to bear the cost of lift charges irrespetive of whether they use it or not .
B wing ( 7 floors ) do not have lift .
Whether residents of B wing have to bear the burden for the facility which is not provided to them ?

ajay sethi (Expert) 03 January 2013
since it is one cooperative society all members have to pay maintenance charges . if society had been formed exclsuively for A wing then only A wing would be liable to pay lift charges . here it is common society . so B wing members have to pay maintenance charges incluidng lift charges .

Kamal Shah (Querist) 03 January 2013
thanks. appreciate

Kamal Shah (Querist) 03 January 2013
But what if the Elevator is not there in the list of amenities to the shops and is only in the list of amenities to flats ?