SC and Society Maintenance Charges

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 Society Maintenance Charges 

The Supreme Court of India has issued several judgments on society maintenance charges. 

These judgments include: 

• Equal responsibility: All residents are equally responsible for paying maintenance charges for common areas and services. 

• Fairness: Maintenance charges must be fair and uniform across all residents. 

• Transparency: Housing societies must publish detailed reports on maintenance collections and expenditures. 

• Penalties: Penalties for late payment must be reasonable and capped. 

• Developer responsibility: Developers are responsible for paying maintenance charges on unsold flats until they are sold. 

• Tenant responsibility: Property owners are primarily responsible for maintenance charges, but they can recover these charges from tenants through lease agreements. 

• Society rights: Societies have the right to collect arrears and costs from members who fail to pay dues on time. 

Some examples of Supreme Court judgments on society maintenance charges include: 

Rasila S Mehta v. Custodian, Nariman Bhavan (2011)

The Supreme Court ruled that owners are liable to pay maintenance costs, interest, and penalty for late payment.

Indrani Wahi v. Registrar of Coop. Societies (2016)

The Supreme Court ruled that the Custodian is responsible for paying maintenance and repair fees to the society.

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