Additional non occupancy charges levied by society
Nilesh Jadhav
(Querist) 02 February 2014
This query is : Resolved
Dear Sir,
I have a flat in Mumbai at Charkop Kandivali west which I used to rent. One of the member of Society Committee has called me and demanded 1 months rent I am getting from Tenant for each year starting from 2012. He has also threatened me that they will not issue NOC and will not allow a new tenant to step in the society.
When I demanded the copy of resolution they are saying that it was passed during one of AGM. The member has asked me to take appointment of the committee to discuss however not giving any appointment. Due to this I am unable to rent my flat to a new tenant and loosing rent. I don't want to pay as already paying 10% non occupancy charges. Can you please advise future steps to avoid harassment by the committee in this regard.
Nilesh Jadhav 9552545169
ajay sethi
(Expert) 02 February 2014
issue legal notice to society . draw attention to fact that as per law only 10%non occupancy charges can be levied . in said notice ask society to furnish copy of AGM resolution wherein one month rent can be demanded by society .
society cannot refuse to issue NOC if illegal demands made by society cannot be met . if society refuses to relent lodge complaint against society and its MC before the Registrar
Rajendra K Goyal
(Expert) 02 February 2014
Send legal notice to the society. Agree with the expert ajay sethi ji.
Hemant Agarwal
(Expert) 03 February 2014
File a written police complaint .AND / OR. lodge a “Private Criminal case” with the local Metropolitan Magistrate’s Court, against all the CHS Mg. Committee members (jointly) for, the various criminal harassments, like :
i) For Cheating – u/s 418 (IPC)
ii) For Mischief – u/s 427 (IPC)
iii) For Intimidation – u/s 503 , 504, 509 (IPC)
iv) For Extortion – u/s 383 (IPC)
v) For Restraining (stopping) – u/s 339 (IPC)
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 03 February 2014
Agree with experts.
R.V.RAO
(Expert) 05 February 2014
agree with sri ajaysethiji and sri hemant agarwalji.
V R SHROFF
(Expert) 05 February 2014
s per law only 10%non occupancy charges can be levied .
[ 10% of service charges] mtn charges minus certain other charges, not 10% of rent// mtn
but adhering to agreed norms will be smoother and cheaper 4 u.
u may win the battle, but healing ur wound may cost very high..+ u loose on weapons. / relations/
be with crowd.
Or pay Stamp duty/ registration of LL Agr/ + get NOC from Police after noc from soc,
and taxes, i tax, service tax, // and in case ur tenant do not vacate// to court//
Many unknown would that are not curable........
beware .....
decide
TO KEEP SMILING
OR KEEP CRYING??
