Common Area Maintenance Charges must be equitably applied among similar unit types, barring unjustified discrepancies based on area.

ORDER

NARESH KATYAL, JUDICIAL MEMBER

Challenge in this Appeal No.662 of 2022 has been invited by OP No.1 against order dated 11.10.2022 passed by learned District Consumer Disputes Redressal Commission-Faridabad (In short “District Consumer Commission”) in complaint case No.289 of 2021, vide which complainants’ complaint has been allowed with direction to appellant, inter-alia, not to charge CAM charges (Common Area Maintenance Charges) from complainants, more than 4 BHK unit as mentioned in letter dated 28.03.2016 of the builder. Appellant has been directed to charge same charges, which they are charging from 4BHK unit members, from complainants.

2. Factual matrix: Amongst 40 towers of Omaxe Heights, Sector-86, Faridabad; two towers namely: Mantova and Siena have duplex units. It is worth mentioning that 4 BHK units of Omaxe Heights have area measuring 2350 sq. ft. whereas Duplex (Penthouse) has an area measuring 4700 sq. ft. Complainants are residents of “Mantova” tower and “Siena” Towers. The two towers namely “Mantova” tower and “Siena” consist of 15 floors. Number of Duplex units are 16 in both towers. Initially, top four floors were also 4 BHK flats; however, same were later on converted into Duplex after making mechanical changes. At the time of handing over of possession of subject property, it was unequivocally confirmed and assured by Management to some of members of Duplex residents that CAM (Common Area Maintenance Charges) and other incidental charges would always be charged on 4 BHK basis only (i.e. on the area of approx. 2400 sq. ft.). As per plea; Management in this regard, had also issued letters to some of Duplex owners separately. However, in that case ground of parity would prevail and for that purpose all the Duplex residents would be entitled to seek benefit of same. As per plea; after completion of project, maintenance of entire society was taken care of by a maintenance agency named as M/s Facility Plus Management Private Limited which was a sister company of M/s. Omaxe Limited. Initially M/s. Facility Plus Management Pvt. Ltd. levied CAM (Common Area Maintenance) charges on area of Duplex units (i.e. approx. 4727 sq. fl.). Pursuant to bills received by residents of duplex, strong reservations were made for challenging demands made by earlier maintenance agency on the ground of total area of 4727 sq. ft. Facility Plus Management System Private Limited while adhering to reservations and demands of residents of duplex, had subsequently refunded amount, which was charged, over and above respective area of 4 BHK flats. It further came as a rude shock to class of duplex owners, where management of Maintenance Agency of Omaxe Heights slipped into the hands of OP No.1 who subsequently engaged OP No.2 for the said purpose. Class of Duplex residents were shocked to know that in complete violation of the assurances and representations made by the builder at the time of allotment, the duplex owners were asked to pay not only for the 4727 sq. ft. area, but even the basic per sq. ft. rate was also got enhanced. OPs were not even providing quality of services to class of Duplex residents for which they were claiming huge charges. Resultantly, residents of duplex were bearing CAM charges @ Rs.18,000/- (approx.) per month, contrary to 4 BHK residents who were bearing Rs.8,000/- (approx.) per month. It was relevant to note that the said charges were over and above the electricity and water charges. Representations/letters were issued to OP No.1 to which no heed was paid. After much persuasion a meeting was held on 17.05.2020 whereby OP No.1 had agreed to charge maintenance charges on 4 BHK area basis from the Duplex r