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Monthly Maintenance Charge of Apartments


Joe

Question

I live in an apartment in Kerala in which apartment size varies in size. Initially, the Monthly Maintenance Charge (MMC) was same for all owners regardless of apartment size. Few years back, the managing committee changed the MMC tarif based on apartment size on sqft basis. The large size apartment owners are very minority thus  not able to reverse the decision of majority apartment owners. 

The MMC is mainly (almost 85%) used for the maintenance of COMMON facilities and upkeep of COMMON areas, these COMMON areas and facilities are enjoyed by all apartment owners equally, regardless of higher or lower MMC payment. 

Since my apartment is bigger I am compelled to pay higher MMC though no special rights or facilities are enjoyed by us compared to smaller apartment owners.

Appreciate if anybody can give a direction to move forward to get justice;

1. Where to approach - Civil court or Consumer forum?

2. Is there any previous court or consumer forum orders in this regard? If so pls give a link.

3. Is there any law or rule which clarifies the MMC calculation method?

Thank you in advance

Joe

 

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Prasad GLN

This forum is dedicated for guiding citizens in seeking information from public authorities under RTI Act.  Contact a local advocate which is handling similar matters of co-operative housing societies as he is well versed with such rules and can give precise guidance.

 

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Thank for the advise, however many advocates has different opinions, there are not much references available in Kerala from previous cases.

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Prasad GLN

Then refer the issue to those forums that are dedicated to litigation like Lawyers club india and RTI forum is not a right place to seek such precise guidance on litigation.

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Sunil Ahya

You will need to google and download the Kerala Co-operative Societies Act, Rules and bye-laws (please note all three are separate documents (a) Act, (b) Rules and (c) Bye-laws.

Once you download it, search for some specific keywords by using  (control + f), such as maintenance etc. You should get most of the information that you desire.

Once you have all the information, the correct authority for complaining is the Deputy Registrar of Co-operative Societies.

Hope this helps!

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