Non occupation charges

Dharmendra More (Querist) 29 September 2011 This query is : Resolved

Can anyone make me clear on excess non-occupation charges that hsg society charges is as per suprem court interim relief.

Pls read this:
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State Government’s Issue on NOC regulations in 2001, which fixed the ceiling on NOC at 10 percent of the maintenance charges, was challenged recently on 2/3/07, when Mount Blanc CHS at Peddar road filed a special leave petition (SLP no. 7964, 7965, 7966) and demanded interim relief and autonomous authority to decide upon the non-occupancy charges. This petition was called for hearing on 19th June; wherein the Supreme Court upheld the High court ruling but provided interim relief to Mount Blanc to charge 10 % of the rent recovered by the owner as NOC and not 10 % of the maintenance charges.
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Two points from the extract above:

1. The Supreme Court upheld the High court ruling - Does it mean that NOC cannot be more than 10% of the service
charge for the society.

2. ... but provided interim relief to Mount Blanc to charge 10 % of the rent recovered by the owner as NOC and not 10 % of the maintenance charges

Does this mean that this was only applicable to Mount Blanc society?

Statement 1 and 2 appear contradictory - what proves in the judgement above (or any other judgement - please provide details) that a society cannot charge NOC more than 10% of the service/maintainance.

Unscrpulous societies under greed are even charging 100% more (double the maintainance charges) NOC as part of the total maintainance charge from owners of let-out proprties, when the facilities/services provided are the same to all.

Please provide legally acceptable pointers with details for the benefit of all.

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ANIL AGARWAL (Expert) 30 September 2011
Pl inform title of SLP and SLP no. 7964, 7965, 7966 is of which year and exact date of order, so as to enable me to study the order and get back to you.

Dharmendra More (Querist) 30 September 2011
Dear Sir,

The order date is 19.06.2007

ajay sethi (Expert) 30 September 2011
1)society cannot recover non occupation charges more than 10%of maintenance charges

Non-occupancy charges shall be charged by society in accordance with circular to be issued by the Government of Maharashtra Commissioner of Co-operation from time to time. Vide Govt. of Maharashtra Notification No. SYG-1094/15165/P.No.317/14-C dated 1st August 2001, the society should not collect the non-occupancy charges at a rate exceeding 10% of the service charges (excluding municipal corporation/Nagarpalika taxe

2) interim relief granted is only in favour of Mont blanc . the interim reliefs are pending hearing and final disposal

3) unless we have copy of order passed in case above it would not be fair to comment

M V Gupta (Expert) 30 September 2011
The report appears to be jumbled up. If the SC has upheld the HC's decision that the NOC cannot exceed 10% of MC how could it grant int. relief for NOC @ 10% of the rent collected?