Society maintenance

KETAN J SHAH (Querist) 17 May 2020 This query is : Resolved
Respected Sirs,
I am the original Landlord of the property situated at Ghatkopar East Mumbai. In 2007 we have added 3 floors to the exhisting A wing of the building, B wing is ground + 4. Society was formed in 2007 and conveyance was given in 2011. There are about 21 residential and 5 commercial properties. Originally there were 9 residential and 3 commercial tenants and even today these tenants are not the members of the society. I am the owner of those properties and I am paying the maintenance to the society on their behalf. All the commercial, as well as A and B wing residents have their own water connections and seperate over head and under ground water tanks. The monthly water and electric bill for Residential A wing is Rs.15000/- and that for B wing is Rs.2500/- Now the society wants to merge all the bills and is asking me to pay the amount of maintenance for both the wings in combine where as I am paying water and electric bill for B wing Tenants and this is not included in the maintenance bill.
If the whole amount is asked to be shared and paid then my maintenance amount for non members would actually increase and I will have to pay the amount from my pocket. I want to know that when all water and electric bill for pump is seperate for both wings can society ask for merging the bills and collect extra amount from me which will have to be paid from my pocket.
Also at the time of conveyance stamp duty was paid by me and it was to be reimbursed by all the members and myself on behalf of my tenants but the members have till today NOT paid the stamp duty. I have reminded them about this in every meeting and off late I have sant the letter for payment along with interest on the outstanding amount but I have not received any reply from the members.
Please advice on both the issues.
Thanking you in advance.

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Quick Summary

A landlord in Mumbai is seeking advice regarding society maintenance charges. The society wants to merge water and electricity bills for two wings, despite separate connections and payments already being made by the landlord for some tenants. The landlord is also concerned about outstanding stamp duty payments from society members. Experts advise that the landlord is not obligated to pay merged bills if individual connections exist and suggest legal action for stamp duty reimbursement.

Guest (Expert) 17 May 2020
Your issue is obviously between Land Lord and Tenants. Many Tenants would make it as an nightmare for Land Lords to deal with them. You should be very careful in choosing the Tenants also. Better amicably sort out the issues and still if any of the tenant is non co operative sending the Notice under Section 21 which is also referred as " No Fault Route " would be the remedy. under which the Land Lord need not have to prove that Tenant had done any thing wrong. Under Section 21 the two month time would be given to the Tenant to vacate.While using this form of eviction it would be virtually important to ensure to comply with all the requirements of the tenants. Discuss with a Local Good Civil Side Senior Advocate.

Raj Kumar Makkad (Expert) 17 May 2020
1. As every tenant has his own connection for water and electricity, you are not bound to bear their expenses and thus the demand raised by them is totally illegal. No law can compel you to deviate from the ongoing system wherein everybody is responsible to bear the consumption expenses as per their reading shown in their separate meter.

2. If there is any specific agreement to the effect that the members of the society shall reimburse you the amount incurred by you on the stamp duty while registering the conveyance deed and due demand has also been raised by you in writing then you have every right to file a civil suit for recovery, however, its limitation is three year from the last date of the acceptance of such dues on the part of the members.

KISHAN DUTT KALASKAR (Expert) 17 May 2020
Dear Sir,
Please follow the guidelines and opinion of above Experts which is in detail

Rajendra K Goyal (Expert) 17 May 2020
All related documents, bills, rent agreement, conveyance deed, society bye laws etc. has to be referred, discuss in detail with some local lawyer.

If tenants are having their own electric and water connection they should pay the bill themselves.

P. Venu (Expert) 18 May 2020
The facts, as posted, lacks clarity. Why there is so much disparity in charges among the two wings?

T. Kalaiselvan, Advocate (Expert) 19 May 2020
You do not have to budge to any pressure from the association which forces you to merge both the wings for this purpose.
You continue to do what you have been doing.
If at all they have any problem in this ask them to issue a legal notice to which you can issue a proper reply notice denying all the allegations or unacceptable terms.
After that, if need be, you may challenge them in the court of law or you can drag them to consumer forum seeking relief against them for unfair trade practice.
You better discuss with a local advocate at length and arrive at a decision on this.

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