Clarity Reg : Civil court strike down the "big-flat, big-fee" model,

926 votes

City Civil Court verdict is binding on the parties involved in that specific case, but it does not automatically become a universally applicable law for all apartments across Karnataka. The decision in Arun Kumar Rao vs. Purva Seasons Owners Association ruled that the specific association could not charge maintenance based on super built-up area and restricted it from changing its bylaws. Legal Context Jurisdiction: Civil courts typically have jurisdiction over matters arising within their defined local limits. A City Civil Court is a court of original jurisdiction, and its judgments are specific to the case and the parties involved unless it is a higher court setting a precedent (like a High Court or Supreme Court). Precedent: Decisions from the Karnataka High Court or the Supreme Court of India generally set precedents that are applicable statewide or nationwide, respectively. A City Civil Court order does not create such a binding precedent for other independent apartment associations.

Advocate Dhruv. K LawRato

634 votes

Yes.. Even though circumstances of case story may be different, but specific applicability of maintenance charges, which reads in the previous suit can be applicable to the one who seeks this remedy. You can rightly quote about this suit and can urge as your remedy taking it as a reference.

Advocate Sukanya Abhijeet Dev LawRato