I am owner of an apartment in a housing society in Ahmedabad. There are two types of apartments in the society. (A) Smaller (64 units) (B) Bigger (32 Ubits). I own a bigger apartment. The society has formed a rule that bigger apartment should pay higher maintenance charges. Hence, they are demanding higher maintenance charges from bigger apartment holders as compared to smaller units. All except me has paid higher maintenance charges.
But, as per my knowledge the maintenance charges should be equal in housing societies as all services are common to all. I have two points in my support. (1) There is "pro rata" word (Gujarati word "varade") used with reference to maintenance charges in my property registration documents (2) A judgement of Gujarat High Court ( Satyagrah Chhavani Housing Society, Ahmedabad Vs. Harendra Joshi, 5/4/2013 ) which clearly states that maintenance charges in housing society should be equal irrespective of house area. i.e. maintenance charges should be on "per unit basis". In this judgement, honorable judge has considered all aspects of the maintenance charges in housing society.
I am paying maintenance charges as per smaller apartments ( considering equal maintenance charges as per above two points). Now society is forcing me to pay the difference amount. They have started arm twisting technique (stopping some common services to my family) for the same. What should I do to prevent this discrimination and protect my rights?