Mumbai Housing Society Dispute: Member Gets Partial Relief In ₹69,000 Maintenance Dues Case

Mumbai, May 15: A member of Tanishq Hollyhock Co-operative Housing Society at Matunga has secured partial relief from the Deputy Registrar of Co-operative Societies in a dispute over recovery of maintenance dues amounting to nearly Rs 69,000.

Assistant Registrar passes order

The order was passed by the Assistant Registrar, Co-operative Societies, F/N Division, Mumbai, under Section 154(B)-29 of the Maharashtra Co-operative Societies Act, 1960, on May 13, 2025.

The dispute arose after the housing society initiated recovery proceedings against society member Nitin M. Dedhia, alleging that he had defaulted on payment of maintenance and other charges related to Flat Nos. B-601 and B-602 in the society building at Matunga.

According to the society, Dedhia allegedly failed to clear maintenance dues despite repeated reminders and notices issued by the managing committee. The society claimed that, as of October 31, 2023, outstanding dues towards maintenance and repairs amounted to Rs 68,848.

The society also contended that regular maintenance charges, municipal taxes, water charges, sinking fund contributions, and other common expenses were being incurred for the upkeep of the building and had to be paid by all members.

Member disputes legality of charges

During the proceedings, the society argued that Dedhia had been using the society’s facilities and amenities but had not paid the charges approved in annual general meetings. The society further claimed that notices for recovery had been duly served upon the member.

However, Dedhia opposed the recovery proceedings and argued that several of the charges levied by the society were illegal and arbitrary. He contended that the society had no authority to charge maintenance for the period before registration of the co-operative society and alleged discrepancies in billing and accounting practices.

Dedhia also submitted that he had entered into an alternate accommodation agreement with the developer during redevelopment and argued that the liability to pay certain charges was not solely upon him.

He further claimed that the society had failed to properly explain the basis of some of the charges and that disputes relating to redevelopment and maintenance calculations were still pending before authorities.

Registrar grants partial relief

After hearing both sides and examining the records, the Deputy Registrar observed that although society members are required to contribute towards maintenance and common expenses, certain components of the recovery sought by the society could not be sustained under the provisions of the Maharashtra Co-operative Societies Act and the society bye-laws.

The authority noted that charges claimed for the period prior to the registration of the society and certain other disputed amounts could not be fully justified. The Registrar also referred to the obligations of societies to maintain transparency in billing and recovery procedures.

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Accordingly, the Assistant Registrar partly allowed the application and directed recovery only of those dues that were found legally payable after scrutiny of the records. The order granted partial relief to Dedhia while recognising the society’s right to recover legitimate maintenance charges from members.

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