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Bye-law for Levy chargies for general annual maintenance in variable size apartments

Location/place: Vadodara / Gujarat / India

Name of company/service: Residential Complex & Society

Dear Sir / Madam,

I undersigned Mr. Chaitanya Marjadi, occupy the pant house in an apartment of 14flats. Out of 14flats, 12 are 2-BHK & 2 are 3BHK pant house @ Vadodara, Gujarat, India.

The apartment is 7year old. From the inception of our society the annual maintenance charges were decided to be collected based on square feet basis. Such collected amount is used for all general maintenance so far.

I own the pant house and found that the all expenditure does not have direct relation with the square feet basis unless and until it’s a civil work involved where my square feet comes in to the picture. I was opposing to such method of collection from last few years in my personal capacity, which was ruled out by the society members as a majority do not agreed to it.

Recently i have gone through the Section VIII. Levy of charges of the society of “Bye-laws of the co-operative housing societies” MCS Act 1960, Gujarat Ownership Flat Act, Published articles in Hindu property times, some national / international papers and practice on this topic. I could find that except the civil work on my flats external periphery which call for square feet base collection, rest all other misc. expenses like security, lighting, gardening, lift etc is to be shared equally by the number of flats irrespective of the square feet owned.

Such information i shared with our society management and requested for the discussion on the issue, as so far i have paid Rs. 32000/- extra for the annual maintenance from the inception of the society. If i consider the loss of interest @8.5% nominal rate of interest on which society has invested the fund, cumulative i has a loss of ~Rs 42000/- so far.

When i shared such info with the society and asked for the appropriate modification in the society rules complying to the bye-laws of India and the settlement of the accounts on the financial loss i have undergone so far due to wrong rules set by the society, i am getting negative response from the society members. They are forcing me to pay as per the set rules of the society. As per them the bye-laws are not for the small society like us. The issue is going on from last 6months. I am getting lots of abusing statements from the society members on the issue.

Request you to pls guide me on the subject issue. What is your opinion on bye-laws applicability to small society like us. Also is there any way i can go to consumer forum to seek for the justice? Pls advice what shall i do in such scenario.

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