Ramchandra Golivadekar
I am looking after collection of maintenance charges in our society. We are in Maharashtra state. One member has raised a dispute over the charging of non occupancy charges for his flat. I want to know what the correct position in the matter.
The member is not staying in his flat. He has not rented out the same also. He visits the flat rarely; may be once in a year or so and that too for a day or two – very short period. He deputes someone once in a while for cleaning of the flat. We have started charging him NOC which he has disputed.
During recent activity of painting of the buildings externally, we specifically noticed his absence since we could not paint the outside area of his flat due to his absence. In fact he is out for around 3 to 4 years. Earlier it is understood that his friend was looking after this job of collection of maintenance and he ignored in the matter under friendship, and probably that is the reason of dispute now.
Whether our charging is justifiable or not, and under which rules OR court decisions.
Please guide me in the matter.
I C Naik
1.NOC (Non Occupancy Charges) are payable by a member who with the previous permission in writing of the Committee, sub-let or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any manner.
2.Further, the possessor is required to become nominal member of the Society.
3.It appears the Committee has taken the view that a member has parted with possession of the f l a t without seeking prior permission of the Society.
4.If the Committee view is correct:
a.The member has defaulted by not taking prior permission.
b.The member has not asked Possessor to become a Nominal Member.
c.The member has also invited possibility of expulsion in terms of Bye-Law provision reading as under:
A member may be expelled from the membership of the society, if such a member:
“has willfully deceived the society by giving false information,
about a person visiting the f l at to take care, being not a caretaker of the f l a t”
5.So for resolving the dispute raised by a member about NOC, the Committee has to take a view in the above background and decide if a member who does not occupy the flat himself has parted with the possession in any manner. If so the Committee has to consider taking all steps and not charging NOC in isolation. The member may be asked to comply with the provisions as aforesaid and has to make an application in the prescribed form for taking permission of the Committee.
6.The POSSESSOR is also required to submit Police verification report to the Society.
7.After that he is liable to at 10% of the Service charges (Excluding Property Taxes) as NOC.