Our cooperative society in Khar and it imposed over Rs 10000/ for entry by a lesee.
Can they do that? They charge non-occupancy Charges @’10%. Which section of the act 2013 covers that? What is 07 criminal liability of the society imposing shifting charge.
I am a Non-resident owner. Hence the society is taking undue advantage and not allowing a new lesee unless the shifting charge is paid
Mr Naik I am 82 years old and need your help. Await your urgent reply to enable new lesee to enter the flat. Also because their being difficult with very educated 2 young bachelor directors, they were frightened and did not take the flat. If you let me know your mobile no. I can discuss with u My email bdkhanna15@gmail.com
I C Naik
For NOC a ceiling of 10% of maintenance charges (Excluding Property Taxes) has been fixed by the government of Maharastra by a mandatory order w.e.f. 1-08-2001[Government of Maharashtra Co-operation and Textiles Department. Govt.Order No.SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai- 32 dated 1st August 2001]
Relevant Extract:
- Non-Occupancy charges shall not exceed 10% of service charges. (excluding Municipal Corporation/ Municipal Taxes).
- All the housing Societies in the state shall take action to make proper amendment as above their bye-laws/ sub-rules.
- However, even if no amendment as above has been made, non occupancy charges should not be charged more than maximum limit mentioned in this order from the date of this order.
Fighting managing committee is a long drawn affair, even when its decision is wrong. If one givesa tough fight on this issue the society would loose the battle and a winner can take up a further fight to make the Committee bear legal costs incurred by the society. But again it’s a fight. In the meanwhile you would loose much more by way of loss of license fees.
I therefore suggest you to make payment of Rs 10000 by Cheque favouring the society (you should write Cheque and not licensee). After the licensee occupies the flat write to the society as what I have written above in red letters.
Adding as under:
I have paid an amount of Rs 10,000 (Cheque no…..drawn on Bank… dated) as per the society’s demand in relation to my sub-letting the flat to Mr,………..with effeRct from ….I this connection I wish to bring to the society ‘s notice as under:
INSERT RED LETTERS AS ABOVE
I have been advised that in view the aforesaid order having fixed a ceiling on NOC any excess payment is illegal as it violates the Order of the Government of Maharashtra.
I am advised to ask the society to refund the aforesaid rs 10,000 with average interest @ the society’s interestearning as past audited accounts.
Accordingly this request.