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HARSH SHAH (owner)     08 August 2011

Flat common maintenance charges issue

Dear Sir or Madam,

Looking for your valubale opinion for below matter.

I have residence in Apartment in Baroda, Gujarat.


In year 2001 , bought two flat (2 room +kitchen), and make it one flat on first floor having 2 bedroom, one store room, one dining hall, one drawing room & Kitchen.
At that time as per builder condition i paid life time maintenace Rs. 30,000.

After that one association created and comman maintence of all flat owners are paid via interest from this corpus having total 28 flat (including one our flat+4 panthouse).

All are going well.

But in year 2006 deposit put by management of flat in bank, that bank goes bankcrupt, and our 50% deposit can't utilise

Flat owner decided to take per flat extra Rs. 100.
Here flat owner are asking from me 2 maintenace charge, however i build one big flat. Having one common entry, one kitchen, one balcony, one dastavej (stamping Document), one census number.

Maintenace is going for common maintenance like water, lift, flat maintenace.

Now i decided to give him only one maintenace charge. But flat owners are not agree and they disconnect my water connection(i.e. i can;t use two toilet ,bathroom,washbasin and currently using only one)

Also note that as municipality there is only one flat in their record . and i am paying single house tax and water connection charges.
So how flat owners can ask me two maintenace charge, and they have no authority to disconect my water line.

Please give me whom can i go to fight for this problem.
Police Station or Municipality or Court for faster solution.



Learning

 2 Replies

Shaulabh Shah (advocate)     08 August 2011

Hi...

I agreed with your views... In my opinion you are right.. you need not to pay two maintenance charges and no authority have a right to disconnct your water line...

if they do so, then you shall file a criminal complaint and/or civil case agaist them... But you get faster solution by police compliant ....if you manage to do so...

Reply By;  Shaulabh Shah Advocate

Website; www.shaulabhshah.com

1 Like

Kanaksinh P.Boda (Educationist/Lawyer)     09 August 2011

In many CHSs, the maintenence charges are based on the area of the flat, and if that is the rule applied in your case then there is little choice. Pl. confirm from the rules adopte by your housing association. However, irrespective of this, I fully agree that ther is no justification for disconnecting the water supply. You better complain in local police station.

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