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Saurabh Mittal   13 April 2024

Maharashtra pune, noc and extra amenities charges

Hi, As a Owner I am already paying NOC charges to society and now my society has passed a resolution to charge x RS to owner and 25x rs to Tennant.

Can society apply different charges for same amenities to owner and tennant despite paying NOC?

This is the query from Pune, Maharashtra


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     13 April 2024

The maintenance charges can be levied by the society as per the bylaws of the society. 

If you have suspect this to be an exorbitant charges then you may visit the bylaws and seek clarification,  if there's no proper response then you can resort to legal action against the society provided the society is a registered body 

1 Like

Saurabh Mittal   13 April 2024

Thanks for responding sir, My apologies as I missed passing some information. I am already paying maintenance charges along with NOC charges, Now Society is asking owners to pay 1 INR/ hour for using few amenities and 25 INR/ hour to Tennants for same amenities.

Is it fair? Despite paying NOC charges can they make this discrimination?

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

That's why it was suggested to go through the bylaws of the society. 

If the bylaws enables the society by any such clause then you will be helpless about it except to follow it up through Dy. Registrar of cooperative society for remedy. 

1 Like

Dr. J C Vashista (Advocate )     14 April 2024

The Society has to justify and get approval of GBM before passing such a rule / resolution for charging 25 times from tenants as stated by you.

Prima facie it is unjustified and can be challanged, if such a rule existed in the society.

However, there is no such provision of law (in MCS Act Rules). 

1 Like

P. Venu (Advocate)     14 April 2024

Neither the EC or the GB of the Society is a law making body. The bylaws of the Society, unless enabled by the statutory provisions, caanot make extgravagant demends on the apartment owners or the tenants. 

1 Like

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