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Appeal Dismissed as Society Levied Maintenance on Square-Foot Basis Without Transparency

Case Law Details

TaxGuru Citation
2026 taxguru.in 7160
Case Name
Vatsala Niwas Co-operative Housing Society Pvt. Ltd. Vs Poonam Soni (Maharashtra State Co-Operative Appellate Court, Mumbai)
Date of Judgement/Order
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Vatsala Niwas Co-operative Housing Society Pvt. Ltd. Vs Poonam Soni (Maharashtra State Co-Operative Appellate Court, Mumbai)

The appeal was filed against the order dated 28.04.2025 passed by the Co-operative Court, Mumbai, granting interim relief in favour of the disputants in a dispute concerning maintenance charges levied by a co-operative housing society.

The first disputant owned Unit No. 201 in the appellant society, while the second disputant, a private limited company, occupied Unit No. 203. The disputants alleged that the society was issuing maintenance bills containing arbitrary and unexplained charges and was levying maintenance on the basis of the area of the premises instead of on a per-unit basis, contrary to the statutory framework and settled legal position. Despite repeated requests seeking a detailed break-up and calculation of the charges, the society failed to provide satisfactory explanations or supporting documents.

The disputants further pointed out that the maintenance bill dated 11.12.2023 for Unit No. 201 showed no arrears, whereas the subsequent bill dated 21.03.2024 suddenly reflected arrears of ₹15,33,112 without any explanation. They also stated that they had already paid substantial amounts towards regularization and related obligations of the society, yet additional demands continued to be raised without transparency. Consequently, they approached the Co-operative Court.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,001

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