Question regarding non occupancy charge charged by co operative housing society

tuyash321 (Querist) 08 February 2016 This query is : Resolved
Hi,

Please guide us to know as to what is the correct calclulation for non occupancy charge in the maintainance bill

we have give our flat on rent

by going thru the bye laws of cop operative society we get the information that society should not charge more than 10% of the maintainance charge

For example if the maintance is Rs.750/ then the non occupany should be Rs.75

but here our society is charging 10% of the gross rental which we are taking from the tenant for exaample if the rent is Rs.15000/- then the society is adding Rs.1500 as non occupany in our maintanance bill of Rs.750

Paying 1500 non occupany along with the maintainance is very high

When we spoke to the society the say this is rule of CHS acts

but all the neighbour society is charging 10% of maintainance as non occupancy instead of 10% of gross rental

Please guide and adivse

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Dr J C Vashista (Expert) 09 February 2016
There is some misconception with respect to "occupancy", since you have rented it out it implies it is "occupied".

Consult a local lawyer with Bye-Laws of the CHS, (State) Cooperative Societies Act and Rules for proper advise.