I live in a housing complex on VIP Road. Our association has decided to charge monthly maintenance on the super built-up area, whereas the promoter used to charge it on the built-up area. What is the correct mechanism to charge maintenance?

Mahesh V, Calcutta

There is no set rule on maintenance charge. The association has the right to take a decision by majority. However, you should make sure that irrespective of built-up or super built-up area, your proportion in the overall maintenance cost remains the same.

How is monthly maintenance charge calculated? Who decides if nine people have formed an association? If someone refuses to pay an exorbitant maintenance charge, can the other flat-owners cut off his power, water and lift services?

D.K. Mitra, Calcutta

Maintenance charge should be proportionate to the size of the flat and is decided by the majority in the association, which everyone has to follow, whether it is exorbitant or not. But you cannot stop the supply of essential services to a flat-owner.

We live in Calcutta and want to buy a property in Darjeeling. Are there any restrictions on outsiders buying property in Darjeeling, Kurseong or Kalimpong? If not, what are the relevant documents and papers that we should ask the seller to show us?

S. Basak, Calcutta

There is no restriction on buying property in the hills. You should ask for the same set of documents that you need to check while buying property elsewhere in the country.

I borrowed Rs 8 lakh from a nationalised bank in Calcutta in 2002 by mortgaging property (land and building) to run a business. The business was not profitable and I could not make regular repayments. In July this year, the bank engaged an agent to recover the loan. I paid Rs 9.5 lakh to the bank and Rs 1.17 lakh to the agency, through which the bank recovered all mortgage documents. Can a recovery agency charge such a huge amount? Is there any norm in this respect?

S. Sarkar, Sonarpur

Recovery norms for non-performing assets vary from bank to bank. It is not clear why you paid the agency, because the bank is supposed to pay it. You should get in touch with the bank and find out what agreement the bank and the agency have. You can also move the consumer forum.

Send your queries to propertt@abpmail.com or mail them to

Sambit Saha, Business Telegraph, ABP Ltd,
6, Prafulla Sarkar Street, Calcutta — 700001