I am a member of a co-operative housing society. I purchased my flat No. 402 in the year 2004. At that time, the promoter registered two agreements with me for the sale of a single flat by showing it as 2 small flats termed 402A & 402B, instead of 1 single large flat No. 402, in order to save some stamp duty amount for himself, by taking advantage of the prevailing stamp duty rules at that time. I am the first named in one of the agreements, while my wife is the first named in the second agreement. I have received one single share certificate showing only my name & not my wife's name on the share certificate, & also one single allotment letter from the builder in only my name & not my wife's name, for the original flat 402. The builder made such two agreements for a single flat not only for me, but for 7 other members in the society also. For 14 years, i.e. from 2004 to 2018, the society was rightly charging me maintenance for one flat number 402. Similarly, the society was charging maintenance to the other 7 members, for a single flat each. However, suddenly in 2018 after a new managing committee took over, they sent me a demand notice (in my name only) for paying maintenance for two flats. However, the remaining 7 members were sent demand notices for paying maintenance for single flat only. I raised an objection about this discriminatory attitude of the society with the Deputy Registrar of Co-operative Societies, but to no avail. The managing committee has now sent me a threatening letter stating that if I don't pay maintenance for 2 units, they will start recovery proceedings against me under section 101. Technically, only one of the two agreements is in my name, so even if the society wanted to illegally demand double maintenance, they should have sent only one demand notice in my name & the other demand notice in my wife's name. But my wife is a non-member of the society as there is no share certificate issued in her name & her name is not appearing in the I & J registers. I understand that society has the right to collect maintenance charges only from members & not from non-members. Also, recovery proceedings u/s 101 cannot be initiated against non-members. I seek your guidance concerning my legal standing in this matter in which the society is harassing me. Please advice how I can challenge the society's nefarious plans to extort double maintenance from me.
Society can charge maintenance from only members and not non members
2) further if maintenance is to be charged for 2 flats separate demand notice should be issued
3) separate share certificate have to be issued for 2 flats
4) further society cannot discriminate among members wherein you are charged double maintenance and other7 members single maintenance
If you are member for only one flat the demand notice is illegal in respect two flats as the share certificate evidences that you are member of one flat only.
Furthermore the suit of society won't succeed on given facts.
Your ground for defence would be
1. Flat no 402A and 402B are not seperate set of premises and having only one direct exit to road/common area as per it's sanctioned plan and are parts of the one no. Original flat no. 402.
2. If there is any technical wrong that will be taken into correction process with the builder and local authorities in due time.
Advice : pay the maintenance only for one no. Flat.
If u have single share certificate for the same flat in your name then there is no worries
Now as u said that in ur society records it is shown as two units
further if your flat is specifically numbered as 2 different units 402a & 402b then u have pay the Maintainence accordingly for each unit
However in practical parlance whenevr any 1 ask for u for maintainence u wud say Rs2 or Rs3 per sq ft
therefore as member of society u shud urge them that maintainence be charged on the area of usage as this will not create differences amongst d member of society it would be fair n logical
therefore it is advisable to contact a lawyer who is much in co-op society matters
You need to see this legal notice from a different perspective as you want to flats in your name and your wife time you are liable to pay maintenance charges for both the flats based on the super area at the flat which will be the same in case about the flats combined together even in case there are some additional charges based on individual flats that society is charging that could be a difference in your case if there is no direction issued from the registrar of cooperative societies when you have the option to approach High Court to get the direction by filing a mandamus writ petition making the society and Registrar of societies and Chits as parties in this regard this society cannot take to be used to charge maintenance amount from Apartment holders and basic documents for this purpose is the registration of the apartment
That is an illegal Approach by Society as you have issued a single share certificate then the same will be considered one flat only. You can contest the 101 recovery proceedings.
In the given circumstances you may issue a legal notice to the society mentioning all the drawbacks that has been found against the society and instruct them to refrain from indulging in such activities in future failing which you would be s=constrained to initiate legal action against them for which they would be held for costs and consequences.
If the society is not stopping its activities against you then yo may approach cooperative court with a permanent injunction suit on the same lines restraining the society from indulging in such illegal activities.
