Non occupanacy charges in registered society?
salman khan
(Querist) 11 March 2012
This query is : Resolved
i have shop of 105 sq.ft in registered co-op hsg. society and now i have given shop for rent and on maintenance receipt society charge flat rate of Rs.50/- monthly
full specification of maintenance charged by society:
PARTICULARS Rs.
1)municipal(property tax) 18
2)water and sweeper charges 65
3)maintenance charges 18
4)sinking fund 07
5)Non occupancy charges 50
i would like to know whether the society is right to charge the above non occupancy charges but legally it should not be beyond 10% of service charge Except municipal tax
Shonee Kapoor
(Expert) 11 March 2012
I didnot get, when you have given the shop on rent, how can there be non-occupancy of the shop.
Or maybe I am missing something.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 12 March 2012
Shoneeji,
When a Original Member Occupy shop/ Flat for his own use, it is considered Occupied.
When he rent it out, or give it on LL Basis etc, {Other than his Blood Relatives] It is considered Non Occupied, and used for profit generation.
Society render all services to Licencee, tenant and hence charge NON OCCUPANCY CHARGES:
it is called NOC Chg , lakhs such cases in Mumbai Thane Belt. All investor give their Flat/ Shop to others on rent.
I hope it is clear.
Now coming to Salman's Point
the society is NOT right to charge the above non occupancy charges beyond 10% of service charge Except municipal tax:
BUT SOCIETY CHARGES HIGHER AMOUNT ILLEGALLY, AS TENANTS AGR NOT REGISTERED, NO POLICE CLEARANCE, NO MC NOC, AND IF DONE, It will cost over 10 times NOC Charged, with delay, money, time, So They go for this Quick easy procedure, mutually beneficial to all.
Go strict, and you will be in more trouble. So Rs. 600/- per year is cheaper than Regn of Rs. 6000/-
I hope I explained in detail all legal & illegal aspects of NOC.
Deepak Nair
(Expert) 12 March 2012
agree with Shroff sir.
Guest
(Expert) 13 March 2012
Agree with Shri Shroff.
