Civil Procedure Code (CPC)

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Anshu Arora (Nil)     12 August 2013

Maintenance charges


we own a flat in Pune. society has 8 buildings of three types of flats A1, A2 2BHK, B1,B2, B3 2.5 BHK, C1, C2 compact 3 BHK, D premium 3 BHK. facilites provided to each building are same i.e. 2 lifts, solar syatem, intercom, garbage chutes. and even overhead tank size is same.

1. According to bye laws of maharashtra co-op hsg society, water charges should be on no of inlets in society. But here in our case water come in undergroud tanks then goes to overhead tanks(of same capacity) it violation of bye laws in our case to charge equal water charges among all 8 building?

2. We have paid one time maintenance charges to society on per sq. ft basis. Now imposing maintenace charges agin on sq. ft basis that too without considering that larger flats have already paid more amount (that is kept in FDs and interest of FDs is used for maintenance of society) is it legal? 

i have read several cases where Hon'ble High Court Mumbai declared its decision that meintenance charges can't be on per sq. ft basis if facilites provided to large flats and smaller flats are same.


Hope to get a good advice.




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