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Abhijit Tanwar   30 January 2023

Over charging non -occupation charges & additional charges for common services & amenities

Good Day ,

I am a member of Transcon Triumph CHS 1 . Had read your article published in Lawyers club India which explained all by laws regarding the issue.
We have a situation where additional charges are levied against rented apartments up & Above

1. Non Occupation Charges

2. Monthly Maintenance charges


to use Services & amenities ( Club house & Gymnasium ).

The above is clearly against the by law & the same concern was conveyed to the Society .In response have received a reply


Quote ………………………………
Further ,Under Bye-law No-5(b)- To manage ,maintain and administer the property of the society-The provisional Managing Committee Members called for an SGM wherein an agenda for framing rule book of the society and collection of club house charges if a tenant is utilising it was proposed also ,u/s.64 (xvii) Any Other charges - the general body approved the proposed rule book & charges for utilisation of clubhouse by tenant was passed .

Un quote ……………………………

 

Would be obliged to have your Legal expertise over the matter .


BRGDS
Abhijit Tanwar

 Services & amenities ( Club house & Gymnasium ). 

The above is clearly against the by law & the same concern was conveyed to the Society .In response have received a r



Learning

 3 Replies

Rakhi Banerjee Advocate (lawyer)     30 January 2023

What is your exact question?

Abhijit Tanwar   30 January 2023

Good day Ma’am ,

My question is

a .Can the society  charge additional charges from tenants for usage of clubhouse & amneties ? 
 

BRGDS

Rakhi Banerjee Advocate (lawyer)     30 January 2023

If the tenants have agreed/ signed agreement in this regard, they can charge it. If you are a consumer You can always challenge the unfair contractual terms before Consumer Court and set the illegal terms aside. Rakhi Banerjee 9958129958 


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