Court restrains society from charging maintenance on per-square-feet basis

A Mumbai court ruled that a housing society cannot charge maintenance fees based on flat size, affirming a previous high court order for per-unit billing.

MUMBAI: A local court recently restrained a cooperative housing society in Lower Parel from charging its members a maintenance fee based on the size of their respective homes, saying it’s in violation of a Bombay high court order and contravenes a statutory order issued by the Maharashtra government in 2000.

Court restrains society from charging maintenance on per-square-feet basis

The Co-operative Court issued the order to Trader World Premises Cooperative Housing Society after hearing a plea filed by advocate Abha Singh. The plea contended that housing societies are bound to charge maintenance fees on a per-unit/flat basis and not a per-square-feet basis, according to the state government’s statutory order issued in 2000 under the Maharashtra Co-operative Societies Act.

Confirming the provision under section 79 of the Act, the high court stated, “There is absolutely no rational basis for the society to charge for the aforesaid services on the basis of the size of the flats.”

The case relates to a maintenance charge of ₹10,77,740 levied by the society to Singh on a per-square-feet basis for her office premises in 2023. The bills for each month also had different amounts. Singh emailed the society in February 2023 requesting it rectify the bills, saying she was not liable to pay charges on a per-square-foot basis. However, the society directed her to clear the outstanding amount within seven days, which is when she decided to take the matter to court.

In her petition, Singh argued that the society’s billing practice contravened a Bombay high court order stating that there is absolutely no rational basis for a society to charge maintenance as per the size of the flat. She highlighted that she was using the same facilities, like security, the common road, and electricity used to light the common passage, as the rest of the members and, therefore, is not liable to pay charges on a per-square-foot basis. She criticised the society’s discriminatory practice and underscored the need to charge maintenance equally to promote “equity and fairness”.

After perusing the documents, the Co-operative Court bench, presided over by judge SK Devkar, noted that the 13 maintenance bills presented by Singh had varying amounts every month without any reason mentioned. It stated that the society levying maintenance charges on a per-square-foot basis is illegal. “The society can issue and collect bills on a per unit/flat basis,” the court ruled.