Non occupancy charges
Sumera
(Querist) 02 August 2012
This query is : Resolved
Dear Sir/Madam,
I own a Flat in Powai,Mumbai and over years I have had to deal with CHS decisions/rules which do not seem quite right to me. I was looking for forums to help me in my pursuit of know what is the law and came up on this website.
To clarify further, I have the following two queries:
1. Non Occupancy Charges
2. Grant of No-Objection Certificate to new tenants
1. Non Occupancy Charges:
I am being charged Rs.480 while Maintenance charges are Rs 3420 + Municipal Tax. I read from your forums and other posts that these charges cannot be more than 10% of the Maintenance Charges. I also have managed to get a copy of the SC ruling of 2001 from this forum.
My query: is the 2001 ruling the latest and my claim to revise the Non Occupancy Charges still valid?
2. Grant of No-Objection Certificate:
I rent my flat and recently when the new tenants wanted to move in, the Society did not let them stating that NOC procedure was not complete. I learnt that all the relevant papers were submitted to the society office but introduction to Managing Committee Members could not be completed. The new tenants had met the Secretary for this and he informed that some of the other Members were not available at that time and he asked them to come again. Since introductions are allowed only once a week on specific days, the process would take couple of weeks.
I feel let down by this decision of the Society considering the legal formalities were all done (Police NOC, rental agreement etc) and the tenants were forced to vacate their old residence. Surely, the introductions (which i assume are to make the new occupants feel welcome) are being followed strictly in letter and not in spirit. What can I do in such a case to influence the Society's decision.
Thanking you.
Kind Regards,
Sumera
ajay sethi
(Expert) 02 August 2012
1) you cnat be charged more than 10%of maintenace charges . in your case it would be 342. point out relevant judgement to the society and ask them to revise the charges .
2)prior NOC is a must . in addition police verification is required . society has to take precautions .
raise the issue in AGm and suggest time table of say 2 weeks for grant of NOC . let such resolution be passed in meeting
