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The Delhi High Court has reserved its verdict on a plea seeking quashing of a provision that enables the general body of societies to fix higher charges of essential services in respect of dwelling units which are on rent.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said it will pass orders on the plea challenging the provision under the Delhi Cooperative Societies Rules after it had heard arguments of both sides on the issue.

The petition filed by Balraj Singh Malik, a lawyer, has claimed there is disparity in the amounts to be paid by members whose flats are on rent and those which are self-occupied with respect to expenses incurred towards maintenance, repairs, etc for common areas and facilities in a society.

In his petition, filed through advocate Sanjay Sharawat, Malik has opposed the disparity in charges to be paid by the members of a society.

He has also challenged the decision of the cooperative society he is living in as in its annual general body meeting (AGM) in October this year, it had decided to increase the maintenance charges for flats occupied by tenants by Rs 300 per month till March, 2015 and thereafter Rs 500 per month.

“Thus, the members who are self occupying the flats have to pay monthly maintenance charges of Rs 2,624 and the members whose flats are occupied by the tenants are required to pay Rs 2,924 per month till March 2015 and thereafter, Rs 3,124 per month,” the petition has said.

“The decision taken by Respondent 2 reflected in the minutes of its Annual General Body Meeting held on October 12, 2014, which makes hostile discrimination between the tenants as occupiers of the flats and the members as self occupants of the flats in the society with regard to payment of differential monthly maintenance charges is arbitrary and discriminatory…

“The said decision is thus liable to be quashed by holding that the two categories of occupants form one uniform class and thus cannot be subjected to discriminatory treatment,” the petition has also said.



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