non-occupancy charges

Hazel D'Mello (Querist) 10 October 2009 This query is : Resolved
Please let me know if a Housing Society can charge 100% non-occupancy charges. Are there any exceptions to the Supreme Court judgement upholding Maharashtra notification of 2001 that non-occupancy cannot be more than 10% of the service charges.

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Raj Kumar Makkad (Expert) 10 October 2009
As per my information there is no esception to the SC judgment passed in this respect vide which non-occupancy charges cannot exceed 10% of service charges recovered by any housing society/builder. So the charged amount is required to be refunded by housing society in excess of 10% permissible within rules.