Legal Question in Real Estate Law in India

Service Charges under Maharashtra Co-operative Societies Act

I made two agreements, in the same name, for buying one 3-BHK flat, for the purpose of obtaining loans from two banks separately for wife & husband. In reality, the flat is received as ''one unit'' physically; i.e. 1 door, 1 kitchen, 1 electricity network, 1 intercom, etc. Despite this, the society has claimed that I should pay service charges for two flats. I feel this is wrong, as service charges are to be paid ''per member'' and not ''per flat''. What is your opinion?


Asked on 7/06/07, 11:15 am

3 Answers from Attorneys
Alok Sharma Alok Sharma & Associates

Re: Service Charges under Maharashtra Co-operative Societies Act

Not well conversant with the provisions of Maharashtra act. In my opinion service charges shld be payable per flat and in your case there is only one flat, which is reality. Notwithstanding two agreements.

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Answered on 7/08/07, 10:48 am
kavitha balakrishnan kpp associates

Re: Service Charges under Maharashtra Co-operative Societies Act

normally one flat one member - but check out with the bye-laws of your society! ask for the book and get to know! right to information Act - goes handy here.

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Answered on 7/06/07, 2:45 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Service Charges under Maharashtra Co-operative Societies Act

Most of the societies now charge maintenance charges based on area on per sq.ft. basis. If your society is charging per flat basis, please find out whether in sanctioned plans what is shown - one flat or two flat? If in sanctioned plans it is 2 flats, then you have to pay for 2 flats.

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Answered on 7/07/07, 2:26 am


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