Mumbai: Court Restrains Housing Society From Charging Maintenance On Per-Square-Foot Basis, Orders Per-Unit Billing

In a significant ruling for property owners, Mumbai’s Co-operative Court has restrained a housing society from levying maintenance charges on a per-square-foot basis. The court directed the society to follow the legally mandated per-unit billing method until a final decision is reached in the dispute.

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Co-operative Court orders housing society to stop levying maintenance charges on a per-square-foot basis | Representational Image

Mumbai: In a significant ruling for property owners, Mumbai’s Co-operative Court has restrained a housing society from levying maintenance charges on a per-square-foot basis. The court directed the society to follow the legally mandated per-unit billing method until a final decision is reached in the dispute.

The order was passed recently while hearing a plea by advocate Abha Singh challenging her society, Trade World Premises Co-operative Housing Society Limited (CHSL), decision to charge her maintenance on per-square-foot basis.

“The opponent society, its managing committee members, servants, agents acting on their behalf are hereby restrained from levying and collecting bills from the disputant on per square feet basis till the decision of the present dispute. The opponent society can issue and collect bills on per unit / flat basis,” judge SK Devkar said recently.

Singh’s advocate Aditya Pratap submitted that the housing society has failed to comply with a directive issued by the Government of Maharashtra under Section 79 of the Maharashtra Co-operative Societies Act, 1860, which mandates that maintenance charges must be equally divided among all flats, regardless of their size. This directive was upheld by the Bombay High Court, which stated there was “no rational basis” for charging larger flats more for shared services.

Pratap further argued that the society’s billing practice was inequitable, forcing owners of larger flats to pay disproportionately for common services such as security, electricity, and maintenance of shared areas. The court agreed, noting the lack of justification for the society’s billing method.

The court, in its order noted that the housing society, though appeared, failed to file a reply and written statement. As the society “failed to argue”, the judge proceeded with the application without argument on behalf of opponent society. “Therefore, adverse inference can be drawn against the opponent society,” the judge noted.

In the detailed order, the Judge said that the society failed to follow the government directive dated April 29, 2000, which explicitly requires maintenance charges to be equally divided among all flats and commercial spaces in registered co-operative housing societies.

“I have minutely gone through the said bills. Prima-facie it appears that, the maintenance charges mentioned in the bills varies from month to month without any reason mentioned therein. Therefore, it appears that the opponent society is levying maintenance charges on per square feet basis,” the judge noted.”

Urvi MahajaniUpdated: Thursday, January 23, 2025, 04:14 AM IST

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Bombay HC Directs Navi Mumbai Housing Society Not To Restrain Resident From Feeding Stray Dogs

https://www.freepressjournal.in/mumbai/mumbai-court-restrains-housing-society-from-charging-maintenance-on-per-square-foot-basis-orders-per-unit-billing

Seminar against Corruption

Realm of Law a legal firm headed by Shri K. V. J Rao, along with Petition Group Foundation (an NGO) established to fight corruption in Administration are renowned for fighting against the growing number of corruption cases in redevelopment projects.

Since 2023, we started holding educational seminars to guide Citizens cheated by developers, the last seminar was conducted on 26th May 2024.

Hence, due to the requests from several members, we are organising another seminar on 4th Aug 2024 (Sunday).

Topic covered in the seminar would be:

  1. Criminal aspects of frauds in Redevelopment Projects and how to address them.
  2. How to file FIR’s against Developers based on their acts of omissions and commissions.
  3. Common issues in Society Matters.
    A) How to legally fight a corrupt managing committee.
    B) How to legally fight corrupt/non cooperating flat owners.

ALONG WITH THE ABOVE SUBJECT WE’RE ALSO ADDRESSING CRITICAL SUBJECT .
We’re having an educative talk given by Shri K. V. J Rao giving guidance and information on how to fight corruption and injustice in public offices. We intend to guide common citizens on HOW to fight corruption and target corrupt public servants indulging in deficiency of duties.

The session is intended to motivate common citizens to fight against the corruption done by public servants. The seminar will educate all on methods to expose and put such public servants to shame.
The topics of interest :-
1] How to file criminal cases against public servants.
2] How best to self represent your cases before the learned Magistrate.
3] How to interpret past judgements before the learned Magistrate to get a conducive order.
4] How to prosecute culprits in your case.
5] To discuss about the success stories of individuals who fought for their own rights and achieved good, favourable orders / replies from various government authorities.

SPEAKERS:

1. Shri. K.V.J. RAO
 Activist and domain expert on criminal law.

2. Shri. AMEET ISRANI
 Expert on Society Matters.

Kindly note that the queries will be taken by prior submission to the organiser (9870392223) and it is the jurisdiction of the organiser to take the matter on board as per relevance to the topic.

Details:

Day, Date and Time :
Sunday, 4.08.2024
9 AM to 6 PM

Venue :
Sarvodaya – Centre for Capacity Building- FIRST FLOOR HALL.
Gate # 3, St. Pius X College Complex,
Off Virwani Industrial Estate Road,
Goregaon (East), Mumbai – 400063

Landmark: Take the IITC Road from Umiyadham Jain Mandir.

Google Map Link: https://goo.gl/maps/TGoShRXT5Tbv6pSC9

LIMITED SEATS FOR 90 PARTICIPANTS ONLY.

Fees: Rs.500 by prior online transfer via Bank Details or UPI ID or scanner barcode.

Arrangements at the Venue:-
1) Breakfast & Tea will be provided.
2) Lunch will be served in the dining hall.
3) Evening Snacks and Tea will be provided.

If interested, then kindly contact on the below mobile number for any enquiry:

Shri. Mahavir Ghongade
9870392223

Shri. Neeraj Pattath
9769767969

Bank details for payment are:
BANK NAME:
Canara Bank
ACCOUNT NAME: Mahaavir Ghongade
ACCOUNT NO:
110105879520
Account Branch:
Canara Bank, Malad East
IFSC CODE: CNRB0002695
UPI ID:
mahaavirghongade@cnrb

Please send the screenshot of the payment or details of payment to the mobile number 9870392223 for confirmation.

Prior registration is compulsory. The organizers reserve the right of admission.

Kindly Note: The registration amount you pay is only for the expenses of the hall rent, tea, snacks, lunch and more importantly the speakers are not soliciting business but rendering Honorarium Services Free of Cost.

Walk-in/gate crashers will not be permitted.

Kindly forward this message to those who may be interested.

Thank You

Realm of Law & Petition Group Foundation.

http://www.realmoflaw.com

http://www.petitiongroup.com

TDS on transactions of redevelopment of societies

TDS on redevelopment of societies: Generally there are exchange of services in the redevelopment transactions with the societies. Societies are transfer the FSI with the development rights to the developer and developer give them a existing area with some extra area free of cost, corpus, betterment charges, alternate accommodation, may be some maintenance charges for few years after possession etc. in the above transaction, there are lot of FAQ’s and confusions regarding TDS u/s 194IA and 194IC.

Click Here –  https://taxguru.in/income-tax/tds-transactions-redevelopment-societies.html
to read the full article

Complaint Redressal Portal for Housing Societies

Objective of Sahakar Samvad Portal

Sahakar Samvad, an initiative by The Maharashtra State Co-operative Housing Federation Ltd., is a dedicated online platform designed to address grievances within the co-operative housing societies of Maharashtra. Our primary objective is to establish a seamless and transparent mechanism through which members, prospective members, and other stakeholders can raise their concerns related to matters falling within the jurisdiction of the Registrar of Co-operative Housing Societies..

Key Features:

Grievance Submission: Sahakar Samvad allows easy and convenient submission of grievances by any member or prospective member of a co-operative housing society. Individuals can provide comprehensive details of their complaint within a concise 200-word description or upload relevant documents up to 1 MB, ensuring clarity and effective understanding of the issue at hand.

Charges and Utilization: A nominal fee of ₹50 is applicable for filing each complaint. The charges collected from members will be utilized for the maintenance and updates of the portal and for providing training and education to members of cooperative housing societies exclusively.

Empowering Co-operative Education: The funds collected through the grievance posting charges will also be utilized to provide co-operative education and training exclusively to the members of housing cooperatives. These educational programs will aim to enhance members’ understanding of the Maharashtra Co-operative Societies Act, 1960, Rules, Byelaws, and other relevant regulations.

Effective Redirection and Monitoring: Once a complaint is submitted on Sahakar Samvad, it will be automatically directed to the concerned Joint/Deputy/Assistant Registrar of Co-operative Societies. Controlling concerned higher officers will actively monitor the complaints, ensuring timely and appropriate actions are taken in response.

Transparent Tracking: Complainants can easily track the status of their grievances at any time, promoting transparency and accountability in the grievance resolution process.

Support from District Federations: District Federations of co-operative housing societies will actively collaborate with Sahakar Samvad. They will provide guidance, support, and essential training to housing societies as required, with the ultimate goal of reducing grievances and fostering a cooperative living environment.

Promoting Co-operative Spirit: Sahakar Samvad will not only serve as a grievance resolution platform but also function as a comprehensive resource hub for co- operative education. It will provide valuable information on co-operative principles, empowering members with knowledge to strengthen their understanding of the co- operative movement.

Our vision for Sahakar Samvad is to build a resilient and united co-operative community that thrives on mutual cooperation, informed decision-making, and effective dispute resolution. By utilizing the grievance posting charges for portal maintenance and educational initiatives, we aim to create a sustainable and self- sufficient platform that benefits the entire cooperative housing society ecosystem in Maharashtra.

Together, we envision a future of harmonious co-operative living in a better and inclusive environment

Redressal Process

A member can submit application of written complaint to any member of the office bearer. After receiving the complaint, the committee will take decision on it in its immediate meeting and thereafter that decision will be communicated to the concerned member within 15 days.

If the concerned member was not satisfied on the decision communicated by the committee, or no contact was made by the committee within 15 days in this regard, then the member of the committee can contact to the complaint redressal committee formed by the Annual General Body Meeting. If a member is not satisfied with composition and powers of such committee, then the complainant member can contact the authorized officers as per nature of the complaint.

To Registrar –

  • Registration of Society on misrepresentation
  • Non-issuance of the Share Certificates.
  • Refusal of Membership.
  • No registration of nomination by the society.
  • Non-Occupancy charges.
  • Demand of excess premium for transfers.
  • Non supply of copies of the record and documents.
  • Tampering, suppression and destruction of the records of the Society.
  • Non acceptance of the cheques or any other correspondence by the committee.
  • Non preparation of the annual accounts/reports, within the prescribed period;
  • Misappropriation/Misapplication of the funds of the society.
  • Investment of funds without prior permission.
  • Reconciliation of account.
  • Audit
  • Non conducting of election before expiry of the term of the committee.
  • Rejection of Nomination.
  • Non calling of general body meeting within prescribed period.
  • Not calling of Managing Committee as prescribed in laws.
  • Resignation of the committee.
  • Any other, like matters which falls within jurisdiction of the Registrar.

Once online filed your complaint will be directed to the concerned Joint/Deputy/ Assistant Registrar of Co-operative Societies for action and resolution. Rest assured that all complaints will be tracked, monitored, and confirmed by controlling officers to ensure timely action.

Use the “Track Your Complaint” section to monitor the status and progress of your filed complaint. Access real-time updates on the actions taken by the concerned authorities.

A nominal fee of ₹50 is applicable for filing each complaint. The charges collected from members will be utilized for the maintenance and updates of the portal and for providing training and education to members of cooperative housing societies exclusively.

https://sahakarsamvadhousingfed.in/