Legal Question in Civil Rights Law in India

Pil
In a one of the reply honorable attorney said that the charging a common maintenance equally by a co-op societies comprising of unequal flat area is legal. Does it mean that those are collecting maintenance on the basis of per sq ft area are engaged in illegal activity?. If not, then providing two alternatives for the same purpose is not the act of generating confusion and creating ground for exploitation. Because, practically the maintenance charge increases (electric, cleaning, drainage etc.) as area increases. For example, if a society comprising fifty, 500 sq ft flat then the total area will be 25000 sq ft. And if a society comprising ten 500 sq ft, twenty 1000 sq ft and twenty 1500 sq ft flat which is very common then the total area will be 55000 sq ft. In such a case the equal maintenance means the people having 500 sq feet flat area are paying maintenance for increased 30,000 sq ft area, is it not legal extortion?. In a society where people take extreme steps over small-small dispute such as live burning, such type of legal remedies are not giving an encouragement to antisocial elements. Kindly advice whether this matter is suitable for PIL or not.

Asked on 4/24/08, 2:25 am

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Pil

Yes this is a part suitable matter for filing an PIL.

But you need to consult personally as your case needs an extensive study.

Answered on 4/30/08, 8:39 am

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