Deepak Chitnis (Chief Compliance Officer) 11 January 2015
Dear Sir,
I am an NRI working abroad and own a small flat in Mumbai rent about INR 25,000. I have given this flat on Leave and licence to a licencee.
The society collect from me Non Occupancy CHARGES Inr 2,250 per quarter in addition to INR 2,250 maintenance per quarter.
What is the legally permissible limit. for charges and how it is calculated?
As an NRI can I be called non occupant in this case as it is my legal place of residence in India.
Can anyone provide guidance?
Deepak
Advocate Rohit (Advocate) 11 January 2015
if the flat owner whether Resident Indian or Non Resident Indian sublets the flat, then the society has the right to charge the Non-Occupancy Charges to the flat owner, subject to maximum 10% monthly of the service charges only, which excludes property tax, water charges, electricity charges as these are not services provided by the society.
Currently, as in Mumbai i is 10% of the service charge. Beyond this 10% society cannot charge anything extra.
Regards
Adv. Rohit Dalmia
9324538481
Deepak Chitnis (Chief Compliance Officer) 10 February 2015
Thanks for the guidance. However can society charge the amount under some other head like building maintenance , Spl maintenance etc.
Deepak
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