HIGHER MAINTENANCE FROM TENANTS. HOW FAIR?

Dwarka societies offer a wide range of amenities to help their residents live peaceful and luxurious lives. The residents of these societies need to pay monthly maintenance charges in exchange for these amenities and services. Maintenance is one of the factors that are mandatory to pay. Most people come with a question about whether they need to pay maintenance charges if they are not living in their apartment. The answer is Yes. This is because the maintenance charges are not levied for individual properties. The society MC still needs to provide all the residents with common maintenance and amenities. Maintenance cost is one of the important factors in a rental agreement. Details of maintenance cost should be mentioned in the rental agreement to avoid later surprises or conflicts among tenant and owner. When the flat is rented, the tenant pays the maintenance fee. The utility of water, electricity, gas, and common amenities like gym, community hall, children play, lift, common area cleaning and security are enjoyed and utilized by tenants. Hence payment towards such maintenance is paid by the tenant. But some societies in Dwarka are charging higher maintenance from tenants. The owners are paying 50% less in most societies. This had sparked a debate and tenants are questioning the reason for higher maintenance charges. Tenants say that this type of discrimination is perpetuating ill feeling amongst fellow residents and neighbours. Tenants are very much part of Dwarka sub city and in few societies they are in equal numbers. It is like exploiting the middle class who cannot afford to buy a house.

Here are views voiced by RWA members and residents-
Rule 102(2) of DCS Rules 2007 authorises the general body of CGHS to fix and recover higher maintenance charges from rented flats. It's up to the societies to decide. Several societies in Dwarka have implemented differential rates for owners and tenants.

P K Chopra

Shivalik Apartments, Sector-6

We discussed the issue of having 2 types of maintenance in our AGMs but most of the residents had opinion that the tenents while staying in the society become part of our family. They should not be discriminated but treated equally. All the tenents are given equal participations in our social and religious events. Their family and children are encouraged and treated as a partner to the society growth. It is a homogeneous and cohesive living in our society.

Sudha Sinha, Former President

Federation of CGHS Ltd. Dwarka

We in Jagaran don't charge extra maintenance from tenants. The maintenance charges are same for both members and tenants.

Manoj Sikdhar

We, in DJA Apartments also charge higher rates from flats on rent. Basic fundamental behind building Cooperative housing society is to provide affordable housing for Delhi residents and these houses are mainly for self-occupation - not for earning rent or investment in property. That’s why plots were allotted to societies at fairly lower rates by DDA compared to commercial rates of the land. However several owners invest in housing societies for appreciation in property rates because property in a CGHS is safe. But ultimately they do not live here and sell the flats to earn profit in property, till then they keep the flat on rent and earn rental income. Two main fallout of this practice:
1. Since these members do not stay in society they do not come in MCs and do not give any service in maintaining the society or running day-to-day affairs.
2. Second fallout is extra use of resources. Generally tenants shift after every two or three years - during shifting a lot of manpower and resources of society are used including damages in common areas. Lot of paper-work is needed at MC end in signing tripartite lease documents and meeting tenants. Tenants generally argue with staff on small issues because they do not know the background of the rules society made in the last 20 years. Generally the mindset of the tenants is: As if they have hired a room in a five-star hotel, they are paying for it and in return all the facilities shall be provided to them 24x7 without knowing that CGHS is a self-help concept. To discourage commercial use of property in a CGHS, our DCS Act gives this liberty to a society to levy higher maintenance charges on flats on rent. These charges are not on the tenant - primarily it's between tenant and owner who would pay it. Likewise MCD also charges higher property rates on the flats on rent because property is being used for commercial purposes where taxes, electricity, water, and other facilities are being provided on domestic rates. There are other smaller reasons also but the fundamental difference is self-occupation of the flat as a home Vs. use of flat as a commercial property - which is not the concept of Cooperative Societies

Jai Kumar Sharma

DJA CGHS, Sector -13

Vinayak Apartment, sector- 10 has different rates for flats occupied by owners and tenants. We charge Rs. 500/-extra per month from flats occupied by tenants.

K K Jha

Vinayak Apartment

Mahavir CGHS, Sec 22, charges 20% higher from the tenants. 20% is added on whatever is being charged to the resident members. In our case, it is 2800.00 for members and 3500.00 for tenants for a three bed room.

Lokender Gera

A debate on whether or not tenants should be charged extra maintenance amount vis-a-vis owners residing in CGHS Apartments is doing the rounds. Many societies do charge extra which to my mind is perfectly in order. We in Defence Officers Apartments, Sec-4, Dwarka do charge extra 15% from tenants. As envisaged, the concept of CGHS is to provide a decent dwelling unit to the middle class and retired Govt employees. Further, in the scheme of CGHS, only the owners bear the cost of land on lease from DDA at the ab initio stage and ground rent thereafter. In addition, only the owners pay for the cost of periodical repairs/maintenance/replacement of parts/equipment and insurance of common areas, facilities and infrastructures as necessary from time to time. For example, if lifts in multi storey apartments are required to be upgraded or replaced due to efflux of time or for that matter periodical internal/external painting of building or repairs/replacement of sewerage system, the cost is shared by only the owners and not the tenants. As such, the owners and tenants are never on the same pedestal. Hence, extra maintence amount to the extent of 15% or 20% from tenants is perfectly in order to offset the expenses of the society to some extent. Notwithstanding above, there may be a few societies who do not charge extra maintenance amount but such entities may be in minority.

Capt Krishan Kumar

Indian Navy Veteran, President, Defence Officers Apartments, Sec-4

Capt Krishan Kumar

Indian Navy Veteran, President, Defence Officers Apartments, Sec-4

It makes no sense that a tenant is penalized & treated as a second citizen. I strongly oppose the intention of such RWAs. A lot of RWA groups in Dwarka have a lot of liberty over other residents and this is a typical scenario. This is a total misuse of their power and violation of one’s consumer right. I condemn it on the moral ground as well. Such un-thoughtful decisions cannot be accepted. I also think such decisions cannot spread harmony when 30% residents are tenants in a society.

Arvind Suri, A Tenant

Such arbitrary decisions of the concerned MCs are not acceptable and need to be taken up appropriately against the concerned MCs. Besides, it violates the fundamental right to equality. It is not compatible with peace and harmony since such decisions of MCs causes heart burning to the affected persons. I hope wisdom may prevail upon the MCs.

Rohit Sharma, Sector-22

The Management Committees of CGHS Dwarka have started charging extra maintanance charges from tenants. The system started in 2010-11, when one of the societies in sector-7 implemented dual maintanance charges-one from land lord and another from tenants. I left that society as I personally felt that this was unjustified. If MC wants to charge extra amount they should charge from the land lord not from the poor tenants.

Col. C S Biswas