Refund of excess non occupancy charges with interest

Bharat Shivdasani (Querist) 05 July 2023 This query is : Resolved
under what law / rule is this governed.?
Does Limitation period apply for refund of excess non occupancy charges with interest.

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This discussion clarifies that non-occupancy charges should not exceed 10% of maintenance fees. If you've been overcharged, you are entitled to a refund. A Bombay High Court case confirmed this, ordering a refund with 9% interest due to the society's non-compliance with bylaws and government directives.

kavksatyanarayana (Expert) 05 July 2023
Your query is not clear to me.

Dr. J C Vashista (Expert) 06 July 2023
Vague query without facts cannot be obliged.

T. Kalaiselvan, Advocate (Expert) 08 July 2023
The non-occupancy charges cannot be more than 10 per cent of the maintenance charged, and if the owner can prove he/she has been over-charged, there has to be a refund.

In a case before High court of Bombay,

The bench comprising J L Deshpande, Deepa Bindurkar and M J said "There is a clear deficiency of service on the part of the society as the non occupancy charges were not collected as per the bylaws and government directives.
The court ordered to refund the excess amount with nine percent interest besides costs towards litigation expenses.

P. Venu (Expert) 16 July 2023
You have not posted the material facts.

Bharat Shivdasani (Querist) 16 July 2023
Thanks to all experts for valuable comments. Much appreciated

kavksatyanarayana (Expert) 17 July 2023
Welcome sir........................................................

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