In a significant judgment that will impact thousands of housing societies across Maharashtra, the Bombay High Court has ruled that anyone living in a cooperative housing society and using its facilities — even as a legal heir of a deceased member — must contribute their share of maintenance charges.
Justice Amit Borkar, hearing a plea by Giri Chhaya Cooperative Housing Society Limited, directed the occupant of one of its flats to pay ₹12,15,141 in arrears, along with 9% annual interest, for unpaid maintenance dues dating back to 2009.
Background: Heir Living in Flat, But No Maintenance Paid
The case began after Smt. Sushila Laliwala, owner of Flat No. 26 and member of the society, passed away in 1992.
Her heir continued living in the flat but allegedly stopped paying maintenance for several years, even while using all common amenities such as water supply, lifts, cleaning, security, and repairs.
The society repeatedly issued quarterly bills and reminders, followed by a legal notice in 2015, demanding ₹12.15 lakh in unpaid dues. When there was no response, the society approached the Cooperative Court for recovery.
However, both the Cooperative Court and Cooperative Appellate Court dismissed the society’s claim, calling it “time-barred.”
High Court’s View: Maintenance Is a Continuing Liability
Setting aside those orders, the Bombay High Court made it clear that the obligation to pay maintenance is continuous — as long as the person occupies the flat and uses the society’s facilities.
The Court observed that the cause of action renews every billing period. Hence, the society’s claim from 2009 to 2015 was well within the six-year limitation prescribed under the Maharashtra Cooperative Societies Act, 1960.
Justice Borkar stated that a resident cannot claim society services without paying for them:
“A person claiming through a member and residing in the society premises cannot evade payment of maintenance. To do so would amount to unjust enrichment at the cost of other members.”
Court Orders Payment with Interest
The High Court ruled that the occupant must pay:
- ₹12,15,141 in arrears for the period between 2009 and 2015.
- 9% annual interest on the amount until full payment is made.
- Future maintenance dues as per society bye-laws.
The Court also clarified that even if the deceased member’s heir holds possession, they inherit both rights and responsibilities, including payment obligations.
Key Takeaways for Housing Society Members
This ruling serves as a crucial reminder for both societies and flat occupants:
- Maintenance dues cannot be avoided by citing limitation or ownership disputes.
- Legal heirs occupying flats are equally responsible for maintenance payments.
- Societies can recover arrears for up to six years prior to filing a dispute.
- Continuous use of facilities implies ongoing liability to pay.
The verdict strengthens cooperative societies’ right to recover overdue maintenance and discourages non-paying members from exploiting legal loopholes.
Adv Vivekanand Gupta on the order said, “Society maintenance needs to be paid by all members irrespective of the fact that he is occupying the flat or not. Maintenance is required for contributing to the common services like security, cleaning, water, and lighting.
In a cooperative housing members cooperation is fundamental for the smooth functioning of cooperative society. Failure to pay maintenance may invite legal action as per the bylaws and MCS Act 1960.”
Conclusion
The Bombay High Court’s decision sends a strong message — no one can enjoy a housing society’s common facilities without contributing to their upkeep.
For thousands of housing societies struggling with maintenance defaults, this judgment offers clarity, empowerment, and a strong legal precedent.
