Non occupancy charges

dear sir,

I have recently joined this forum. My question might have been answered earlier.

Mq query is:

A person after buying a flat in a registered society applies for membership.

the application is accepted on face value.

All required payments have been accepted by society to become member, and credited to society's account.

the person undertakes renovation of flat after paying necessary deposit to the society. this payment is also credited to society's account. 

On receipt of quarterly bills for maintenance from society it is observed that's they have charged Non Occupancy charge in the bill.

as the flat is under renovation it is not possible to stay there.

Is this non occupancy charge legal-valid?

with best regards

gautam trivedi


First check the terms and conditions of the registered society if they are charging against the rules/ bye laws then take raise the matter in  the society meeting and after hearing their decision issue a notice and procced according to law and sue them for the same. 



Accordinfg top Maharashrtra Cooprative Housing SAociety Byelaws 43(2)(III)(c) levy of non occupancy charges at the rate of more than 10% is illegal and if the society is so collecting compalin to Regiostrar.Vacation  of  flats for renovation is also permissible although for a short time.


According to Maharashtra Cooperatrive Housing Society Byelaws{43(2)(III)(c) Leving of more than 10% of non  occupancy charges by the society is illegal if so complain  to registrar.Vacation o fFlats for a short period for renovation  is also permitted.




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