Co-operative housing society
SAA_Bombay
(Querist) 09 September 2011
This query is : Resolved
Can anyone please guide me what is the latest order of court for non occupency of flat.
Raj Kumar Makkad
(Expert) 09 September 2011
To Milind (10.05.10): After a long history of different methods of levying of Non Occupation Charges (NOCh) and various disputes between societies and members and appeals to High Courts and the Supreme Court, the issue is now settled. As regards equal Service Charges to all types of flats, there are Bye Law no. 68 and 69 which are very explicit and nothing can be done about them. The law does not make any difference between members who stay in their flats and those who rent out their flats, except that the second category of members have to pay NOCh for not living in the flats.
Non-occupation charges, which are applicable only to members giving their flat on rent, cannot exceed 10% of Service Charges (excluding municipal taxes). It has nothing to do with the rent obtained by letting out of the flat.
girish shringi
(Expert) 11 September 2011
Well explained by Mr.Makkad.
SAA_Bombay
(Querist) 12 September 2011
Dear Mr Raj, Thanks for reply. but one of our member is not co-operating for same. Our argument is what should be the ceiling / upper cap for this charges. e.g in our case it falls around Rs 2000/- per month. What all things to be considered in service charges? further can anyone help with latest court order or some paper article or any kind of supporting to argue with this member. Thanks a lot in advance for your valuable advice.
ajay sethi
(Expert) 12 September 2011
as already explained by experts it is fixed at 10%of service charges . in service charges salaries of security guards, sweeper charges, lift charges , electricity bills for common areas , maintenance of punp room ,etc
