Excess non occupancy charges
Sanjay
(Querist) 31 March 2015
This query is : Resolved
Sir, Iam member of CHS at Mumbai.
I gave it on leave & license with agreement notarized for 11 months. I gave it in 2013 1st time with permission letter given to society.
Maitenance Charges is rs.600 accordingly rs.60.
Society sent me bill / demand notice to pay rs.7200 every year so for 2 years 14400/-.
society includes this amount in every bill they send me.
The letter is cc to "federation/registar/police station"
I showed MH GR that NOC is 10% only. but they did not listen & they said they r going to take string action against me to recover dues cause society has tremendous power now (97th amendment).
Whether they can take any action ?
Please suggest. How to handle such situation.
Dr J C Vashista
(Expert) 01 April 2015
1. What does the Bye-Law of your society provide is to be analyzed, produced it before a local lawyer and seek his advise.
2. You are legally liable to pay the maintenance as decided by GBM.
3. Moreover, you have commercialized the flat, you should not hesitate to pay consultancy fees of lawyer and dues of the society.
ajay sethi
(Expert) 01 April 2015
issue legal notice to society to recover excess non occupancy charges levied by society . if society fails to refund move consumer court against society for deficiency in service and seek refund
Sanjay
(Querist) 01 April 2015
Thank you Sir for reply
I have not paid excess amount but paid till march 2015 as per 10% of service charge.
But they r demanding excess payment.
They are making my harassment in GB meeting or telling other member about this. It feels insulting cause I cannot explain everybody the situation.
They wrote letter & kept cc to police station & trying pressurized me unnecessary because their close relative stays above my flat & there is heavy water seepage/leakage in my bedroom cause they converted bedroom into kitchen without society's permission & not ready to solve the problem. I sent letter of leakage to society in July 2013.
I would be writing letter to they requesting not to bill me excess amount or give ACT/bye-laws details where this excess payment mentioned giving them 15 days to reply. & if they again mention excess amount in next bill then "Can I lodge FIR against committee members on ground of defamation / harassment, etc any other act & simultaneously letter to Dy.Registrar as well.
also sir what could be the approx. consulting/writing charges or handling complete case from local lawyer.
Kishor Mehta
(Expert) 03 April 2015
Sir,
Please note that:
"4.5 Non- Occupancy charges:-
It is obligatory on the member, who let his flat / tenement (gala) on rental basis, to pay the non–occupancy charges upto 10% of the service charges to the society.
• The provisions in the directives issued by the government on dt. 1-08-2001 Section 79A of the Maharashtra Co-operative societies Act 1960 are as follows :-
1. Non occupancy charges should not be more than 10% of service charges."
You may approach the Registrar of CHS of your area with your grievance, he will definitely take action against the errine members of the Managing Committee of your Society.
Good Luck,
Kishor Mehta
