Mumbai Court Stops Society from Charging Maintenance Fees Based on Flat Size
BMC to Bombay High Court: No Flags in Private Housing Societies Without Permission Â
In a significant ruling, the Mumbai Co-operative Court has restrained a housing society from levying maintenance charges on a per-square-foot basis. The society, Trade World Premises Co-operative Housing Society Limited (CHSL), has been directed to adopt the legally mandated per-unit billing method until a final decision is reached.
The order came after advocate Abha Singh challenged the society’s practice of charging her maintenance fees based on the size of her flat. Judge SK Devkar, in his recent order, stated that the society and its managing committee members are prohibited from issuing bills based on per-square-foot charges. Instead, they must issue bills on a per-unit or flat basis.
Singh’s lawyer, Aditya Pratap, argued that the society’s billing method violated a directive issued by the Maharashtra government under Section 79 of the Maharashtra Co-operative Societies Act, 1860. The directive, dated April 29, 2000, mandates that maintenance charges must be equally divided among all flats, regardless of size. This rule was upheld by the Bombay High Court, which found no rational basis for charging larger flats more for shared services.
The court noted that the society failed to respond to the dispute or provide a justification for its billing method. Judge Devkar remarked that the maintenance charges varied monthly without explanation, indicating they were calculated on a per-square-foot basis.
The order reinforced the 2000 government directive and the Bombay HC judgment, emphasizing that maintenance charges cannot be based on flat size. The ruling provides relief to flat owners, ensuring equal maintenance charges for all residents, irrespective of flat size.
