I am a member of co-op housing society and was one of the committee members. During one meeting which was held before 2004, it was resolved that non occupancy charges to be charged @ Rs.300 per month.
I had shifted to quarters in Mumbai in 2007 and till date I am in Mumbai. From 2008 to 2015 I had given my flat on leave and license basis. Recently I came to know about Maharashtra Government Gr DT 01-08-2001 that Non Occupancy charges should not be more than 10% of Service Charges.
I demanded the refund of excess N.O.C charges collected from the new committee but they refused to refund me. The total amount of refund comes to Rs.37,600.00 (excluding municipal tax, water tax, and sinking fund).
In new committee only secretary is changed, rest are old committee members continued. Now I am not a committee member.
Please guide me in this matter to recover excess N.O.C. collected.
I C Naik
Cooperative societies are held to be service providers to their members. If they charged excess NOC it’s a deficiency in service for which you can file a complaint in District Consumer Court.
It is also a dispute between a member and the Society about business of the Society so you can file a dispute under Section 91 for adjudication by the Cooperative Court.
In both the cases you are bound to win.
