The Telangana State Consumer Disputes Redressal Commission declared that, when an association prefers to charge for the maintenance based on the plinth area of a flat and not collect it flat-wise, it cannot be considered defective at the behalf of one or two owners of large apartments.

HC Declaration on Flat Maintenance Charges

This order was issued by the president of the commission, MSK Jaiswal, and member Meena Ramanathan, after setting aside a district forum order, which preferred the association to charge on a flat wise.

Following an appeal filed by the IndiaBulls Centrum Owners Welfare Cooperative Society, which maintains a gated community in Hyderabad at lower Tank Bund that has 154 flats of different sizes between 1,281 square feet and 3,270 square feet, the bench issued this order. V Srikanth and K Sravani filed a consumer complaint previously seeking a uniform charge for all flats and that was granted by district forum.

After a requested appeal from the association, the bench said that larger apartments would hold more residents. They will use more common amenities such as water and other facilities. Smaller apartments are going to have less residents, it would be unfair to ask them to pay on equal with larger flats.

The bench added, however, that members of the same flat normally manage the association. The decision would prevail by the majority.  In the present case the majority of the representatives decided to pay the charges on square feet and therefore no objection can be found to one or two apartments, the bench said with ruling the order of District Forum.

By: Shailaja K