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Indian12345 (a)     29 October 2008

Non-occupancy tenant society maintainence

I am in Pune and own a house which is given on rent.

My society is charging double maintainence charges due to non-occupancy.
When I raised voice that non-occupancy charges cannot be doubled , it can be only made 10% more they say that what they are charging is against amenties like swimming pool,gym etc and not against basic maintainence charges.

What do I do ? What action can I take ?

Society is not yet registered and builder has not formed the society yet.


Learning

 17 Replies

Kiran Kumar (Lawyer)     29 October 2008

well if the society is not registered and the builder is also not registered then why r u paying?

what was the original agreement?...read the contents and send them the appropriate legal notice.

if they dont come to the terms then approach the consumer forum, in addition make complaint to the local municipal authorities as well for the over charge they are doing.
1 Like

Kiran Kumar (Lawyer)     29 October 2008

well if the society is not registered and the builder is also not registered then why r u paying?

what was the original agreement?...read the contents and send them the appropriate legal notice.

if they dont come to the terms then approach the consumer forum, in addition make complaint to the local municipal authorities as well for the over charge they are doing.

Indian12345 (a)     29 October 2008

Thanks Kiran.


Builder will be forming the society in another two-three months.What if after that the society demands me non-occupancy charges ? Is it legal for the society to charge 50% for the ameneties or it can be at max 10% (whihc Maharastra rent control act states)


 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 October 2008

Lavjeet" :

1. IF the Society is not Registered with the Registrar of Coop., then the society is an invalid authority and has no right  "WHAT-SO-EVER"  under the MCS Act.

2. If the Society does not have a registration number given by the Registrar of Coop, then there is no such thing as "Society", under the MCS Act.

3. All acts done by the so called society ad-hoc committee members is "criminal breach of trust", without any legal authority.

4. There is no such thing called as "privity of contract" between the ad-hoc committee and the owner of the premises, under the MCS Act.

5. You cannot approach the Consumer court for any relief, since the opposite party (service provider) has itself no locus standi in law. The service provider is not the Society ad-hoc committee. In this case the service provider is the Builder.

6. Please note that unless the Builder conveyes the title rights of the premises to the society (that to only to a registered society under the MCS Act),  the so called society has got no rights on such accurals from the property (club house ...).  The builder CANNOT convey the society premises to an unregistered society.

7. An registered society cannot demand any money with retrospective effect for the amenities used.  Only an rightful owner can do so. Builder is the rightful owner.   In this case the Society is not the rightful owner, till the builder registers the title rights of the premises to the society.  Anything besides "legal and rightful" demand of money is "extortion".

8. By the above logic, there is no question of any  "10% or 50%"  non-occupancy charges that can be levied by the so called illegal and unauthorised society ad-hoc committee.  Even if you have attended or helped in forming the ad-hoc committee,  the  ad-hoc committee is formed &  members have only an

"understanding of convience",  but strictly no legal authority or jurisdiction.

9. Please also note that  provisions  of  "10% or 50%" non-occupancy charges are available under the MCS Act,  ONLY TO A REGISTERED SOCIETY and NOT TO A NON-REGISTERED SOCIETY.  By this logic, since the society is not registered,  THE MCS ACT & RULES does not legally apply to the non-registered society ad-hoc commitee.

It also means that the ad-hoc committee CAN LEVY ANY AMOUNT as  "non-occupancy charges", since they not be bound or will not be following any Law, as such.  So in a way, you would be lucky that the society ad-hoc committee is not levying you with 100%  or 200%  as non-occupancy charges.


I suggest : You can engage the so called "egoistic" ad-hoc committee, under "various"  provisions of the I.P.C.

BTW, I also suggest you to check out the "legality" of the Land ownership, the legality of the permission given to the builder, the plan, the sewage ducting plan, the water permission, the rates of electricity (commercial or residential rates ) other civic amenities permissions, given to the whole project.


Under the local Civic rules,  only 500 litres treated water is provisioned for each citizen for personal use and consumption.

You cannot use civic treated water for the Swimming pool.

Swimming pool takes up minimum 50,000 litres of water.

HOW are you getting this quantity water for the swimming pool and how is the water disposed off without treatment. IF the swimming pool is of more than 24 inches, then there should be mandatorily a pool security personnel during the swimming hours. Confirm all this.


Keep Smiling ... HemantAgarwal

Indian12345 (a)     29 October 2008

Thanks a lot Hemant.


I am not a lawyer and so will have some doubts .


What happens if the society gets registered tomorrow and all the premises is in the society's name ? Then can they levy 50% for the amenties or it can be max 10% under MCS ?


What is society is not formed ? So how do I deal with this ad-hoc committee ?


 


 


 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     31 October 2008

Lavjeet :1. The society becomes a legal entity only on obtaining registration number under the MCS Act & Rules.  Till then it is has no legal jurisdiction or validity.

2. Say if the society gets registered on 01 November 2008. Then the MCS Act & Rules applies to the society and its members from 01-11-2008 and not a day before.  ANY or ALL charges imposed after 01-11-2008 is only legal (under MCS Act).  Before 01-11-2008  MCS is not applicable.

3. Under MCS Act & Rules & Bye-laws, the non-occupancy charges is fixed @10% (there is no minimum or maximum thing in non-occupancy charges).  If the society has to charge more than 10%, then it has call SGM, with specific agenda notice, passed with more than 75% members, to change the bye-law specific for this item, file minutes with registrar, have the bye-laws changed under stamp & seal of registrar, AFTER showing the special need to change 10% to more than 10%.  All this things seem easy, but the registrar mostly rejects such appeals mainly in cases of Coop.HSG.societites.

4. There is no provision of charging seperately or extra for  special amenities like Swimming pool, Club, Gym etc... which belongs to the Society.  It is illegal.

5. Coop. Hsg. Society's swimming pool, club, gym cannot be used for commercial earnings, EVEN IF it is passed by the General Body. Not permitted under the Act, meant specifically for COOPERATIVE HOUSING SOCEITIES.  Other non-housing soceities can use it for commercial earnings.

6. As mentioned earlier, an unregistered society is not a legal entity. Same is for ad-hoc committee.

Ad-hoc committee is formed by you for "convience purpose" ONLY.  Ad-hoc committee may function till actual Society regn. takes place.  So the ad-hoc committee can charge you anything (50% or 100%  or 200% ...).  It is upto you to fall in their line or call their bluff (extortions) in the Courts under IPC.

7. Coop Hsg. Soceities are mandatorily supposed to operate and function on  "No Profit No Loss basis".  Non Hsg. soceities can operate on Profit basis.

8. If you are Game enough (courageous) then,  Tell the Ad-Hoc committee to  "GO TO HELL" and as suggested earlier file a series of cases under the I.P.C. against every action by the so called ad-hoc committee. That will finish off their Ego, which is a prime component in every managing committee in every coop.Hsg.Soceities.


BTW, here's a small joke concering the Society AGM :

(in English)  AGM = Annual General Body Meeting.

Annual = Varshik

General = Samanya

Body = Saririk

Meeting = Milan

(in Hindi) AGM =  Varshik Samanya Saririk Milan.


Please answer this question:


HOW are you getting this quantity water for the swimming pool ?


Keep Smiling ...HemantAgarwal

 


 

Indian12345 (a)     03 November 2008

Thanks a lot Hemant.


Regarding water I need to check with the society .since I have given it on rent I rarely check it.


What if I need a lawyer to help me out or issue a notice to ad-hoc society members ? What are the charges the lawyers will take ?


 

Rohit (IT professional)     08 May 2009

Hi,

My society has asked me to pay Rs. 5000 and they are saying that this is not the non-occupancy charge. This is for the tenants to use the amenities. Can I file a complaint about this? If yes, is it possible online? (As I am not in India, looking for an e-way to do it)

Thanks

Rohit

Prabhat Kumar (Advocate)     08 May 2009

I don't know your aggrement with the socity but in all socities common facilities has to be maintained with the common fund and my opinion you should pay charges, if the aggrement says so.

Rohit (IT professional)     08 May 2009

Hi Prabhat,

I should have mentioned. I am paying around 20K for the maintainence charges + 10% for non-occupancy. + society sent an e-mail only for a year that all the tenants must take membership by paying Rs 100 for the membership + Rs 5000 for using all the amenities and they made it owner's responsibility to make this payment. So when I am paying the maintainence + non-occupancy of 10%, can society ask for more money?

Thanks for your response.

Rohit

sanjay singh thakur (advocate)     09 May 2009

Dear Lavjeet

Mr. Agarwal is right.

Indian12345 (a)     10 May 2009

Rohit,

I am not a legal expert but I enquired in some of the web sites and also in news channels (CNBC Awaaz's Preoprty guru) where legal experts say that it is illegal for the society to do such activities.

If u have someone in the city where ur house/flat is , u ask them to enquire about it with local registrar and then take some action . Society can't bar anyone from using such amenities and a legal action can be taken.

In which city u have the flat ?

I would suggest you to write to pg@moneycontrol.com . This is CNBC Awaaz channels legal experts mail id for those who have queries about properties/tenants etc. They also will publish your query on the show which you can record live on the internet and then show it to your society .

Keep us updated too so that we can also be awae of the developements and help other guys.

Thanks.

 

Rohit (IT professional)     10 May 2009

Hi Lavjeet,

Thanks for your response. My flat is in Pune city. I can request my tenant to call the registrar.

Also I requested society to provide the contact detailed of all the rented flat owners. But they are not providing me this information. I told them that I will ask everyone to vote etc. But they are just trying to make things difficult by saying that this was agreed by everyone in AGM meeting (where only those owners attended that have occupied flats themselves.)

I have sent an e-mail to the moneycontrol id you provided above. Also do you know how can I record the live show (I am in US)?

Thanks

Rohit

Indian12345 (a)     10 May 2009

Rohit,

I used internet to record the show . You can watch CNBC awaaz online from this site : 

https://www.in.com/videos/watchvideo-cnbc-awaaz-1626397.html

OR

https://www.chittorgarh.com/newPortal/watch-live-online-tv.asp?tv=CNBC_AWAAZ

Then you can record it using online free recorder which can be searched using google. I dont remember the tool which I had used but I will try to search and let you know.

The tool generally requires address of the live video. This is how you get it : 

1. Login to www.in.com

2. go to https://www.in.com/videos/watchvideo-cnbc-awaaz-1626397.html

3. Click on the black rectangle section where the live video is being displayed and select properties.

4. You can see the Location property being set as :

mms://a1145.l2639731144.c26397.g.lm.akamaistream.net/D/1145/26397/v0001/reflector:31144

5. Feed this URL to your recorder tool . You need the reecorder which can record Windows Media files (mms file type) . so search for that type of tool . You dont need flash recorder type.

Please feel free to ask if you have any questions.

 

 

 


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