Charges for common services can't be different based on flat

Admitting a complaint of a flat owner at Vasant Vihar housing complex here, the Thane Consumer Forum has ruled that the Society was wrong and deficient in charging varied amount for common services provided by it from all the residents irrespective of the area of their apartments.
The significant order that will serve as a precedent to other housing societies here, was given by Forum President Umesh Jhavalikar and member N D Kadam recently.
The District Consumer Redressal Forum in their order directed the Society to return the excess money collected within 60 days else pay interest at 9 percent from 2011.

It has also ordered the Society to pay a compensation of Rs 50,000 to complainant and flat owner Suresh Kamat towards physical, mental and financial losses suffered by him, within a period of 60 days.
In his complaint, Kamat had stated that the Society had collected from him amount towards common services provided by it which were in excess of those collected from the flat owners who had flats of lesser area than his.
His argument was that the Society provided the same amount of common services like security, waste processing, borewells, diesel generator, lifts, gymnasium, club house, power in staircase and lighting in the complex.

According to him, the collection of higher charges for common services being provided based on the area of the flat occupied was "unjustified" and during the period 2007 to 2009 the Society had collected an excess amount of Rs 7,807 from him out of the total of 45 flat owners.