Giri Chhaya Cooperative Hsg. Society Limited Vs Sushila Laliwala (Bombay High Court)
The petitioner, Giri Chhaya Cooperative Hsg. Society Limited, filed a writ petition before the Bombay High Court challenging the judgment and order dated January 27, 2023, passed by the Cooperative Appellate Court. The Appellate Court had dismissed the society’s appeal, thereby confirming the Cooperative Court’s earlier rejection of the society’s dispute for recovery of arrears of maintenance charges.
Facts of the Case
The dispute centers on Flat No. 26 of the society’s building. The original owner and member, Smt. Sushila Laliwala, passed away in 1992. The present opponent, claiming through her as a legal heir, has since been occupying the flat along with his family.
The society, with general body approval, had fixed maintenance charges for common services like repairs, electricity, water supply, lift, security, and staff wages. The society had been issuing quarterly bills for the flat, but the opponent allegedly neglected to pay them. Consequently, the society issued a demand notice dated September 28, 2015, calling for payment of arrears amounting to ₹ 12,15,141/-, plus interest at 18% per annum. The society then filed a dispute before the Cooperative Court to recover these dues.
The opponent filed a written statement, denying the allegations and arguing that the claim was vague, the interest was excessive, and the entire dispute was hopelessly barred by limitation.
