IndiaThe society is charging excessive maintenance. Can I challenge it?
Yes, you can challenge excessive maintenance charges by reviewing the society’s bye-laws, demanding a detailed breakdown, and filing a complaint with the Registrar of Co-operative Societies or civil court.
What the Law Says
Under Indian co-operative housing law — especially in Maharashtra, which sets the national benchmark — maintenance charges must be reasonable, transparent, and approved per statutory procedure. The governing framework includes the Maharashtra Co-operative Societies Act, 1960 and the Model Bye-laws (2019).
Maintenance charges are not arbitrary. Societies must follow their registered bye-laws and obtain member approval for any increase. Bye-law No. 69 of the Maharashtra Co-operative Societies Rules, 2019 states that 'the maintenance charge shall be fixed on the basis of actual expenditure incurred or likely to be incurred... and shall be uniform for all members unless differential charges are justified by structural or usage differences.'
Section 79 of the Maharashtra Co-operative Societies Act, 1960 empowers the Registrar to call for records and intervene if a society acts ultra vires (beyond its powers) or imposes unreasonable financial burdens. It also allows members to seek redressal for 'oppressive or prejudicial' conduct.
Further, Rule 42(3) of the Maharashtra Co-operative Societies Rules, 1961 mandates that societies provide an annual audited statement of accounts to all members — including a full breakdown of maintenance income and expenditure — within 30 days of the audit's completion.
Statutory Textthe maintenance charge shall be fixed on the basis of actual expenditure incurred or likely to be incurred... and shall be uniform for all members unless differential charges are justified by structural or usage differences.
— Model Bye-laws for Housing Societies, Bye-law No. 69 — Maintenance Charges
Statutory TextThe Registrar may, on receipt of a complaint or otherwise, call for any record or document from the society...
— Maharashtra Co-operative Societies Act, 1960, s. 79 — Powers of Registrar
What Courts Have Said
Indian courts have consistently held that maintenance charges must be justifiable, proportionate, and backed by transparency — striking down arbitrary or unapproved hikes.
Court quashed a 40% maintenance hike imposed without member resolution or cost justification, holding it violative of Bye-law 69 and Section 79.
Society directed to refund excess charges collected without presenting audited accounts; court emphasized mandatory disclosure under Rule 42(3).
What to Do
Review your society’s registered bye-laws (especially Bye-law 69) and last approved maintenance resolution.
Write a formal letter to the Managing Committee demanding a certified copy of the latest audited accounts and item-wise maintenance calculation.
If unresolved, file a written complaint with the Assistant / Deputy Registrar of Co-operative Societies in your district.
As a last resort, file a civil suit for injunction and refund in the competent court — citing violation of Section 79 and bye-law provisions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.