Right to use clubhouse in a Co-operative Housing Society
06-Apr-2023 (In Consumer Court Law)
We bought a resale apartment in a complex which is comprised of 16 Co-operative Housing Societies. There exists an apex federation of these CHS responsible for maintaining the common areas including the clubhouse. As per the agreement between the promoter and the first owner of the flat, the first owner had paid Rs. 50,000/- as 'Clubhouse Development Charges' entitling her to 'the right to use clubhouse'. The apex federation now is demanding Rs. 50,000/- again towards a 'clubhouse membership' if the first owner had paid clubhouse development charges to the promoter and Rs. 1,00,000/- otherwise. Does the apex federation have the right to charge us for a membership fee when the agreement between the promoter and the first owner never mentions the same but rather uses the words 'right to use clubhouse'? What complicates this further is the fact that the promoter is still selling apartments wherein they are charging Rs. 50,000/- towards clubhouse development charges.
Please refuse to pay any such charges. It appears that the clubhouse charges is a one time fee and subsequent owners cannot be asked to shell for clubhouse either in the name of development charges or membership fee. Also clubhouse forms a part of the common areas of the society which cannot be sold. The promoter though not selling it, is collecting charges in the garb of development charges. But he can always justify the same by saying that the charges demanded are for providing amenities in the form of clubhouse. Anyway if the first owner has already paid the clubhouse charges, then society cannot again ask you to pay the same charges. The right to use clubhouse is assigned to you when the flat is sold to you.
If first owner has paid the "Club House Development Charges" then no need to pay. But before coming on conclusion we have to check bye laws and find out exactly against what they are demanding. If demand is against the law/bye-laws you can approach to the concerned authority against society/federation.
You need to check the rules and by laws of the apex federation in this regard. alternatively you can approach the District Consumer Forum against the apex federation on the grounds of deficiency of service.
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