Non occupancy charges
Arun
(Querist) 06 July 2012
This query is : Resolved
Sir/Madam,
I have been staying in my cousin's flat for the last 10 years.The society had ignored the Non occupancy charges for the last 10 years and have now suddenly come up asking us to pay the lump sum amount of the past 10 years in total.Can the society do that?
ajay sethi
(Expert) 06 July 2012
no society cannot do that . send legal notice to society . the claim would be barred by limitation . in addition since you aare a member of family no non occupnacy charges can be levied
Arun
(Querist) 07 July 2012
Sir,
Thxs a lot for your help.
However,i would like to mention here that the owner of the flat happens to be my "Second cousin". Legally is a second cousin defined to be a family member?If not,then do i have to pay the Non Occupancy charges?
ajay sethi
(Expert) 07 July 2012
your second cousin should have written letter to society that one of my family members is occuping flat for some period . in your case society is claiming 10 years outstandings . what was society doing for 10 years ?
are you paying your cousin any money? have you entered into any agreement with your cousin ?
if you are paying your cousin rentals then society can demand non occupancy charges .
it all depends upon complete facts of the case .
Arun
(Querist) 07 July 2012
Sir,
I am not paying any money(rental) to my cousin.
Have no agreement of any kind with my cousin.
Its only the monthly maintainence which i am paying directly to the society.
Am i in a soup??
V R SHROFF
(Expert) 14 July 2012
u r not in soup at all. Society is in soup as demanded Time Barred dues.
NOC is part of rent/ compensation. clarify relation & NOC applicable to u or not can be decided.
Only blood relation family member [ f m s b s d sil dil bil ]+ brother in law [sister's h] [sadhu- hus of wife's sister] are exempted from NOC.
second cousin reqd to pay NOC .
