Case Law Analysis
|Bombay High Court
Cooperative Housing Society | Cannot Impose Non-Occupancy Charges or Deny Membership to Owner-Occupier Who Paid Full Consideration : Maharashtra SCDRC
The Maharashtra State Consumer Commission ruled that housing societies violate the Consumer Protection Act by charging non-occupancy fees or withholding membership from flat owners who have paid the full sale consideration and reside in the unit. This sets a critical precedent protecting homeowners from exploitative society bylaws and reinforces that physical possession coupled with full payment equates to lawful occupancy rights.