Legal Question in Real Estate Law in India

17th January 2011.

Dear Sir,

Our society has different dynamics with 4 towers.Apollo, Athena, Avalon and Atlantis.

Apollo and Athena being 18 storyed and having 2BHK, 3BHK, 3 � Flats and 75% of the 2BHK flats are combined together making it 4 BHK,

The 3BHK and 3 � BHk have 2 sale agreements with 2 flat nos but only one possession letter and one share certificate. They are accepted as one unit on the basis of the possession letter but 4BHK have 2 agreements and 2 possession letter making it 2 units.

They are 4 flats on each Tower. Total 140 flats in both towers put together in Apollo and Athena.And the sqft area of 2BHk is 1075 sqft.

The Avalon and Atlantis have 3BHK , 3 � BHK and 4BHK flats but all with one sale agreements and one possession letter .They are 17 storyed and have 3 flats on each floor. Total 98 Flats.

Under the Byelaw no .69-A our society has without any proper intimation or calling a SGBM to explain what the impact will be has decided to make our service charges flat �wise from 1st Jan 2011 The builders were charging us Sqft wise and even when the MC was formed in 2009 it was agreed in the AGM the will be paying maintenance charges are wise.we have been prepared for the repercussion when we bought these flats in 2005 .But when the Hon Secretary who knows the byelaws have not informed us at that time and admits they overlooked the same and they have even taken away our option to from 2 separate societies which would have been more fair and practical.

Since our building has different dynamics there is no equitable distribution presently with all 2BHK ( 1075 sqft) having to pay Rs.6000 more + 3BHK to pay Rs.1500 more 3 � BHK have to pay less- Rs.3000 and 4BHK ( which is the 2BHK combined ) having area of 2150 Sqft to pay Rs.12000 more for Quarterly maintenance charges.

It should be noted here that a 4BHK flat in Apollo/Athena of 2150 sqft will pay 12000 more as against the 4BHK (2750 sqft) of Avalon/Atlantis which will get a discount of Rs.9000.

The most affected is 2BHK in Apollo and Athena .while a 4BHK flat in Apollo/Athena will pay maintenance charges of Rs.70000, the bigger 4BHK flat in Avalon/Atlantis will have to pay only Rs.35000 .Is the allowed?

Since there are 238 flats in total taking all the flats together ,they have arrived at these figures dividing the total service charges divided by 238 flats.

What we have suggested is the total service charges to be divided into half and them divide tower wise or Athena Apollo together and Avalon/Atlanits together which will make it more fair and equitable .All the service are equally used-same area of lobby in all 4 towers, same number of lifts (3each),security equally divided,FM boys the same and the club and swimming pool facilities. Since Apollo and Athena have one extra floor we are also agreeable to give due weight age to the on extra floor we have when there is an unequal distribution of flats how can we divide the amount by total number of flats? That would basically mean that Apollo and Athena are subsiding the cost incurred by Avalon & Athena which is extremely unfair.

We have to also pay backdated the differential amount from the date of society formation which will be a very large amount some of us have to pay for no fault of ours. When it was decided earlier area-wise can they change it now without a SGBM.Do we all have to pay for his mistake?

They have quoted the court verdict of Neptune CHS for paying flat-wise which we resident feel cannot be compared with Raheja Acropolis as we have totally different dynamics and structure

On the basis is it better to form 2 different societies? We do not wish this to happen as it will hinder the progress of our society. We would like them to divide the billing and then charges flat wise or continue are wise billing.

Please suggestion or commitment in to this matter.

Thanking you with Regards,

Mr.Manoj Behal

Apollo -1403/1404,Raheja Acropolis,

Deonar,Mumbai-400088

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