Non-occupancy
sandesh pendhare
(Querist) 05 December 2013
This query is : Resolved
Respected Sir,
I, Mr. Sandesh M. Pendhari staying at my cousin brother’s (Mr. Ganesh B. Pendhari) flat which was totally belong to me. Due to documentation problems of loan, he sanctioned loan against his documents for me. My cousin have already submitted a letter to the society on stamp paper regarding he and his any family member has no any kind of claim on subjected flat this flat is completely belong to my cousin and we have not submitted any kind of leave license agreement to them. Still society managements are taken non-occupancy charges continuously every month from us.
What should we do? Is this non-occupancy charge applicable to us? Please advise.
Regards,
sandesh
Advocate M.Bhadra
(Expert) 05 December 2013
Under Section 79 A Of The Cooperative Act:
If a member has given his tenement to persons mentioned below, which cover near relations, then the society cannot charge non-occupancy charges from such members Near relatives would include mother, father, brother, sister, son daughter, son-in-law, brother-in-law, sister-in-law, grandson, grand-daughter and besides this any other relatives decided by the society.
Moreover the Department of Cooperation issued an order dated August 1, 2001,under section 79 of Maharashtra Cooperative Societies Act, encouraging flat-owners and members of cooperative housing societies to avoid keeping flats vacant and to give it on leave and license on reasonable terms and conditions.
As per law, the non-occupancy charges cannot exceed 10 per cent of the service charges, excluding municipal charges.
R.K Nanda
(Expert) 05 December 2013
agree with experts.
Raj Kumar Makkad
(Expert) 05 December 2013
Make representation, failing which serve legal notice and then challenge the action of the society before cooperative Court.
sandesh pendhare
(Querist) 07 December 2013
sirs,
still awaiting proper solution
