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