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Anil Agrawal (Retired)     15 March 2009

Non occupancy charge

 I don’t understand the concept of non-occupancy charges. The owner is already paying the maintenance and other charges. The society is not providing any extra facility to the tenant. Then what for NOC? It is like double taxation. Can any one clarify?


 6 Replies

Manish Singh (Advocate)     16 March 2009

Dear Mr. agarwal,

the Mum HC has given due consideration over the issue and has been of an opinion that noc cant be called arbitary since it is to protect and safeguard the interest of society members.

please go through this judgment   :

Mont Blanc Co-Operative Housing Society Limited, Being A ...


The State Of Maharashtra (Notice To Be Served) Through The ... (Mum HC)on 2 March, 2007


Anil Agrawal (Retired)     16 March 2009

 It means the society is allowed to charge double maintenance - from the owner as well as the tenant for the same service. If the owner was staying, he would use same services that a tenant would. Actually the concept of NOC is a misnomer. There is no such thing as non occupant. If the owner locks the flat and goes away, is it treated as non occupied and the owner charged NOC? Somebody is occupying the flat and paying the regular maintenance. Then how the question of non occupancy arises? Is because this practice has been followed all over, does it become law?

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     16 March 2009

Thanks Mr. Manish.

Anil Agrawal (Retired)     16 March 2009

 What is the definition of non occupancy? To me, when the flat is locked, it is called non-occupied. How is it non-occupied if the tenant is living there? It is very funny definiton that when the owner is living, it is called occupied. When a tenant is living, it is called non-occupied. Non-occupied means flat is vacant. How it is vacant when the owner or tenant is living. 

Manish Singh (Advocate)     17 March 2009

Dear Mr agarwal,

please fo through the judgment which i have posted herein above then you will understand why the noc has been held lawful not being against public interest. the noc is charged when none of your family members s occupying the premises instead it is occupied by other persons. so in that context to safeguard the interest of other society members, the same must be levied. it s not double taxation or something and can never be called as such. the tenant is not liable to pay noc infact it owners duty to pay the same.

Anil Agrawal (Retired)     06 May 2012

Then why not charge occupancy charge also?

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