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Joe   07 September 2020

Monthly maintenance charge (mmc) of apartments

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



Learning

 5 Replies

Dr J C Vashista (Advocate)     07 September 2020

It is the decision of Managing Committee / RWA, which you had accepted (not challenged if aggrieved).

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     07 September 2020

It does not come under Consumer Forum.

Yes, I feel that the stipulation for payment of a higher amount by bigger flat owners is unjust as the money so collected from all flat owners is utilized for the upkeep of common area and just because your flat is bigger, you do not get any higher level of utilization of certain areas exclusively for you. Obtain a copy of the Minutes of the meeting duly attested by the Secretary, which he may not readily give, surely suspecting you may file a case.

 

Nevertheless, explain all the details to a good Lawyer and file a suit against the Society for restoring equal maintenance charges, provided big flat owners do not get any privileged use of the common area. You may consult other big flat owners too and it is better to approach Court as a group which will reduce the cost of the case per head. 

 

But one thing you need to consider before going to court is that you are living in the apartment block and once you file the case, all others (small flat owners) may try to shun you. You should be ready for that.

Joe   07 September 2020

Yes, the decision is by AGM which constitutes majority of small flat owners. Ironically, the AGM never had quorum and I feel the AGM decision is invalid?

We agree to pay higher amount for Building Fund not for MMC which is the major chunk of the expenses.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     07 September 2020

Dear Mr. Joe,

These are all new facts. If you can establish there was no Quorum, the decision shall be invalid. All the Big Flat Owners, confront the Society with that fact and see the response. Further, there appears to be ambiguity in the resolution as you are saying you agreed to pay towards building fund and not for MMC. 

P. Venu (Advocate)     07 September 2020

Is the apartment a registered one? Is there a bye-law formed in accordance with law? What is the provision in the bye-law as to sharing of common expenses?


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