Madras High Court

Madras HC: Flat Owner Allowed to Defend Against Unpaid Maintenance Fee Claims

Updated
Jan 18, 2026 7:03 PM
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Quick Summary: The Chitra Avenue Flat Owners Welfare Association took V.G. Selvaraja to court over unpaid maintenance fees. The court in Chennai decided that V.G. Selvaraja could defend himself, even though the association claimed he owed them over 3 lakh rupees.

The Case Begins

On December 16, 2025, the High Court in Madras, with Judge S. Sounthar, heard a case filed by The Chitra Avenue Flat Owners Welfare Association. They wanted to change a decision from November 1, 2025, by the II Assistant City Civil Court in Chennai, which allowed V.G. Selvaraja to defend himself in a lawsuit over unpaid maintenance fees.

Why the Lawsuit?

The association said V.G. Selvaraja, who owns a flat in Chitra Avenue, hadn't paid maintenance fees totaling Rs. 3,09,080 since 2007. They even cut off his water supply in February 2020, which led to another court case. The VIII Assistant City Civil Court in Chennai had ordered the water to be reconnected once V.G. Selvaraja paid his dues up to 2020.

"As a result, this case is partly decided by ordering the association to restore the water supply..."

The Appeal and Counterarguments

V.G. Selvaraja argued that the judgment against him wasn't final because he had challenged it in the City Civil Court, Chennai. He claimed the association couldn't sue him based on a decision that wasn't settled yet. He also pointed out that the association hadn't submitted its annual reports, suggesting it might not be a valid entity anymore.

The Court's Decision

Judge S. Sounthar agreed with the lower court's decision to let V.G. Selvaraja defend himself. Since the earlier decision was being challenged, it wasn’t final. The judge noted:

"The decision in the earlier case about the unpaid maintenance hasn't been finalized..."

What’s Next?

The court dismissed the association's request, allowing V.G. Selvaraja to defend himself in the ongoing case. This decision means the battle over maintenance fees isn’t over yet.

Tags:
Maintenance Fees
Property Rights
Civil Suit