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Rishi Yadav   29 December 2021

Discriminatory charges by housing society towards tenants

Sir
I live in a housing society in Dwarka New Delhi as a tenant for the last 4 years. Suddenly this year the society where I am residing has now passed a resolution by which only tenants shall pay a higher monthly maintenance charges as compared to the owners of a flat.
For eg In my case as a tenant my maintenance charge will be Rs 3500 and that of an owner will be Rs 3000 for a similar flat.

There are no additional facilities provided to the tenants or owners in the mentioned maintenance charges.

Is this legally a correct move if not what option to tenants like me have if the housing society arbitrarily charges higher maintenance charges from us without any additional facilities.
Please advice

Risihi Yadav



Learning

 2 Replies

Kishor Mehta (CEO)     29 December 2021

The society can charge only 10% extra of the maintenance charges, excluding the property tax.

Dr J C Vashista (Advocate)     30 December 2021

Rule 102(2) of the Delhi Cooperative Societies Rules, 2007 provide, inter alia, that,

"...The general body may fix higher charges of essential services in respect of dwelling units which are on rent and in possession of tenants "

However, there is no percentage fixed in Delhi as provided in Maharashtra.


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