When a cooperative housing society (CHS/Society) mistakenly or unknowingly collects excess maintenance charges from its members, the excess amount must be refunded to the concerned members directly or as a credit against future bills. Members have the right to file complaints against such erring managing committee members to the deputy registrar of cooperative societies, who would pass an order in their favour if the facts can be appropriately verified.
This week, I will address one such query and clarify the calculation of flat area during redevelopment and the process of acquiring an approved plan for your flat from the municipal corporation.
Society Refuses To Refund Excess Amount Collected in Maintenance
Question: Does the deputy registrar of cooperative societies have jurisdiction or power to direct the housing society to adjust/credit future maintenance bills with the amount collected in excess? Our Society has charged non-occupancy charges above the stipulated 10% for leasing a shop. These charges were collected, despite payment under protest for over 15 years and the deputy registrar instructing the Society to collect only 10% in a complaint filed by another member in 2014. Society finally stopped collection once the complaint was filed with deputy registrar, but has failed to refund the excess amount collected in the past. Please advise on our next steps.
Answer: Under the order of deputy registrar, any access amount collected by the Society should be refunded by the Society to its members as a credit against future bills.
If the Society fails to refund, then said member can complain against the Society for a refund of the excess amount collected in a cooperative court or at consumer court which could perhaps provide a better outcome.
Builder Refuses To Accept Approved Plan of Flat
Question: I am holding a flat at Ambernath of 850sqft (square feet) with 106sqft as open terrace, and I am the third buyer of this flat. Our building is going for redevelopment. The first registered agreement for sale mentions 850sqft with 106sqft of open terrace. The second registered agreement for sale also mentions the same. Both agreements are registered and necessary stamp duty has been paid.
My agreement is not registered, since there is a collector's stay on registration. I have purchased the flat on the basis of a power of attorney and agreement for sale. The builder is being instigated by the Society office-bearers and says the terrace of 106sqft is not legal. Also he has shown us a building plan which is certified by the architect as the true copy of the approved plan, where the terrace is not shown.
I have obtained the plan from the Ambernath town planning department bearing the certificate of approval with permission for commencement of construction. The builder says this is a bogus plan and is not valid. The plan that has no authentication is a valid plan, according to the builder.
Above all, he is not ready to accept any argument. I am a senior citizen aged 70 years. I request you to please guide me.
Answer: If you obtain an approved plan of your flat from the town planning department of the Ambernath Municipality, stating the flat area as 850sqft along with your 106sqft open terrace, only then can it be considered official.
Kindly find an architect or a structural engineer approved by the town planning department of Ambernath municipality and get it approved from the municipality and the Thane district collector. This should clear any doubts that the builder may have about the plan.
Calculation of Flat Area during Redevelopment
Question: The carpet area of my flat is 500sqft. In the approved plan, the calculation is shown as: 500sqft minus 75sqft (free enclosed balcony area, maximum of 15%) = 425sqft as the utilised floor space index (FSI). Therefore, for redevelopment, the base area should be 500sqft or 425sqft, which is the carpet area or utilised FSI.
Answer: As you have an enclosed balcony, which is part of the allowed carpet area, for the redevelopment of your building, that entire enclosed area that is 500sqft will be considered as your original flat area, and 35% additional fungible carpet area on your 500sqft that is, 175sqft of additional carpet area is added to your flat. So your new flat will be 675sqft Perhaps a 3 BHK with one master bedroom and one common bathroom, or a 2 BHK with one master bedroom and one common bathroom, with hall and kitchen.
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
NOTE
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