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The common area maintenance (CAM) charge, often treated as a routine monthly expense by apartment owners, is increasingly becoming a flashpoint in Noida’s large gated communities. A few weeks ago, a 40% increase in CAM charges at Noida’s Cleo County housing society triggered multiple protests by residents. Now, residents of Ajnara Homes in Greater Noida West are protesting over alleged deficiencies in basic services and restrictions on the entry of delivery personnel and workers.
Some residents have questioned whether they should continue paying CAM charges when, according to them, essential services and facilities are not being provided adequately.
The two disputes have different triggers—one over a sharp increase in CAM charges and the other over the quality and availability of basic services—but both point to a larger issue confronting residents of large housing societies: what exactly are homeowners paying for, how are these charges determined and accounted for, and what recourse do they have when they believe promised services are not being delivered?
Residents of Ajnara Homes in Greater Noida West have been protesting over allegations that delivery personnel, carpenters, electricians, maids, cooks and housekeeping staff are not allowed entry, making it difficult for residents to access essential services.
Residents said their decision to withhold maintenance payments stemmed from their dissatisfaction with the services provided by management. They have also raised concerns about garbage collection, lift maintenance, fire safety arrangements, and the functioning of the sewage treatment plant (STP).
Dinkar Pandey, a resident of Ajnara Homes, told Hindustan Times Real Estate that residents living in nuclear families were facing difficulties because delivery personnel were allegedly being stopped at the gate. Residents have had to go to the society gate to collect basic deliveries, including milk, groceries, medicines and food, he said.
“Basic services are not being provided, so why should we be paying maintenance?” Pandey said, adding that around 2,200 people live in the society and around 1,000 residents had joined the protest.
A few residents also alleged that rainwater had accumulated in the basement and that issues relating to lifts, fire safety and the STP remained unresolved.
The maintenance team could not be reached for comment.
Garbage collection resumes after GNIDA intervention
The dispute comes days after garbage collection at the society was disrupted for around four days. Greater Noida Authority officials visited the society on September 26 and held a meeting with residents and the maintenance management. Following the intervention, the management resumed door-to-door garbage collection and was directed to improve cleanliness arrangements, according to media reports.
Can residents legally stop paying CAM charges?
According to Abhishek Kumar, a Central Advisory Council member of the Noida Extension Flat Owners Welfare Association (NEFOWA), there are currently no clear guidelines governing CAM charges.
“It is important to have clear guidelines, preferably under RERA. There is also no mandatory audit mechanism,” he said.
Also Read: Common Area Maintenance disputes reveal larger management pain in gated housing societies
Whether homeowners can stop paying maintenance charges because essential services are not being provided depends on the applicable agreement, state laws, RERA provisions and the stage at which maintenance responsibilities have been transferred to the residents’ association, say experts.
Non-payment of CAM does not automatically give residents the legal right to withhold charges merely because they are dissatisfied with the services, legal experts said. Residents may, however, have other remedies if promised or essential services are not being provided.
According to Amitraj Kaushal, advocate at the Supreme Court of India, residents cannot unilaterally stop paying CAM or maintenance charges simply because they are dissatisfied with the services.
“The obligation to pay maintenance charges is typically independent of the quality of service being provided. It usually arises from the sale agreement, society bye-laws or a maintenance agreement, and courts have generally held that non-payment is not a valid form of self-help even when there is a genuine grievance,” he said.
Dissatisfaction with specific services—such as garbage collection, lift maintenance, fire safety, or STP operation—does not, by itself, create a right to withhold payment, Kaushal said. Residents can instead raise a formal grievance with the builder or RWA and, if the issue remains unresolved, approach RERA or a consumer forum, depending on who is responsible for the alleged deficiency.
“Withholding CAM charges can expose residents to consequences. Builders or RWAs can typically levy interest or late-payment penalties as provided in the maintenance agreement or society bye-laws and, in some cases, restrict access to certain common amenities. However, essential services such as water and electricity generally cannot be cut off arbitrarily, and doing so can itself invite legal action. Persistent non-payment can also lead to recovery proceedings against the resident,” he said.
What can residents do if services are inadequate
The legally appropriate course is to formally document the deficiencies and raise them in writing with the builder or maintenance agency. If the issue remains unresolved, residents can approach RERA in cases involving builder-related lapses, or a consumer forum under the Consumer Protection Act in cases of alleged deficiency in service, Kaushal said.
“Depositing disputed amounts with a third party or in an escrow account is not something residents can do unilaterally. Such an arrangement typically needs to be directed by RERA, a court, or a consumer forum, depending on the facts of the case. Residents can also seek a proportionate adjustment or refund through these forums if the deficiency is established,” he said.
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