Legal Question in Consumer Law in India

Bombay High Court held in Venus Co-operative Housing Society Ltd. vs. Dr. J.Y. Detwani reported in 2004(5) Mh.L.J. that services of the society were enjoyed by all the members (flat owners) equally and there was no reason for the society to make the large flat holders pay more on the basis of the area of the flats.

Also Maharashtra (Apartment Owners) Act 1970 sec 16(2) gives liberty to the societies to decide on Manner of collecting from the apartment owners their share of-the common expense

However The Maharashtra (Apartment Owners) Act 1970 provides in sec 10 that the common expenses shall be charged to the apartment owners according' to the percentage of undivided interest in common areas and facilities.

Does it mean that the order of high court and provision in sec 16(2)(g) have over riding effect on se 10 of The Maharashtra (Apartment Owners) Act 1970


Asked on 8/24/13, 11:05 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.08.2013

Dear Sir / Madam,

The 2004 ruling of the Mumbai High Court in Venus Co-operative Housing Society v/s Dr. J Y Detwani has already been overruled and superceded by subsequent Court judgements as below :

The Maharashtra Co-operative Societies Act 1960 and The Maharashtra Co-operative Societies Rules, 1961 and Bye laws have a distinct provision whereby Societies are entitled to charge and recover expenditure on common amenities and services termed as "Maintenance Charges" based on the carpet area of each individual member of the Society.

Many Societies in Maharashtra follow this practice.

Regards,

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Answered on 8/25/13, 1:52 am


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