Primary school in group housing society

K Binod (Querist) 04 August 2025 This query is : Resolved
Actually a primary school site within approved building plan is available in Rewari, haryana and was sold to one of the renowned school and school is enjoying residential electricity rate being inside premises but not paying CAM charges saying they have purchased the plot from builder and its separate from residential flats.
Now RWA is looking for legal stand to charge CAM to school as well same like other shops etc.

Kindly provide legal opinion

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A primary school located within a housing society in Rewari, Haryana, is currently using residential electricity rates and not paying CAM charges, claiming it's a separate plot purchased from the builder. The RWA is seeking legal advice on how to charge CAM fees to the school, similar to other commercial entities within the society. Legal experts suggest that schools are typically classified as commercial or institutional entities and should be subject to applicable tariffs and charges, advising the RWA to consult a local lawyer with society bylaws.

T. Kalaiselvan, Advocate (Expert) 04 August 2025
A primary school functioning within a residential complex is generally not eligible for residential electricity rates. The electricity tariff applicable to the school would typically be determined by its specific usage and classification as a commercial or institutional entity, rather than residential.
A school, even if located within a residential complex, is considered a commercial or institutional entity due to its operational nature and the higher energy consumption associated with its activities (e.g., more lighting, appliances, etc.).
Similarly it has to pay the CAM charges as applicable to other shops within the complex.
The society can take legal action to recover the CAM charges as applicable.

Sudhir Kumar, Advocate (Expert) 08 August 2025
It is understood that every one has purchased property from the builder.

Agreed. However meet some lawyer with copy of registered constitution/bye laws of the society

Dr. J C Vashista (Expert) 10 August 2025
As stated by you, inter alia, that, "Actually a primary school site within approved building plan is available in Rewari, haryana............" is an impossible and unbelievable statement since residential building cannot be approved to house a primary school within its premises. Recheck.
However, it would be better to show relevant records to a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

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