Society asking rs.5000/- from broker
Querist :
Anonymous
(Querist) 02 January 2012
This query is : Resolved
Respected Sir, I am giving my shop on rent in Mumbai. The Society used to charge me Rs.2500 as annual donation apart fron the Non occupancy charges for renting my shop and now today they said that the agent will also have to pay Rs.5000/- to the society without which they will not give me the NOC. My agent refused to pay now the society is not giving the NOC saying that they have passed this rule in general body meeting and that they will not give NOC till the agent pays. Now my agent is asking me to remove his name from the Police NOC and say that there is no agent involved. My questions are:
1.Can the Society stop the NOC if the Agent doesnot Pay.
2.Should I remove the agents name from the Police Noc and say that the deal is without the agent.Please help.
Querist :
Anonymous
(Querist) 02 January 2012
Sir, Is it legal to charge the agent and blackmail me by saying that either I Pay or the agent or else I will not get the NOC.
Raj Kumar Makkad
(Expert) 02 January 2012
If you get back the NOC issued by society in favour of your agent on your request from police authorities and hand over it originally to the society only then such charge can be waived otherwise you shall have to abide the term of the society.
Querist :
Anonymous
(Querist) 02 January 2012
Sir,
I am already paying them Non occupancy charges plus annual donation Rs.2500 for renting the shop and again the society is asking for Rs. 5000/- from the agent which the agent will not pay ultimately I have to pay. Now I will have to pay Rs.2,500 + Rs. 5,000 + the Non ocupancy charges amount to the society or else to save Rs. 5,000.00 I will have to lie that there is no agent involved. Is"nt there a law that society cannot charge more then 10% of maintance charges. Sir please reply
Querist :
Anonymous
(Querist) 02 January 2012
Makkad sir, Could you please explain your reply once again. Thank You.
Sankaranarayanan
(Expert) 02 January 2012
U mean both u and ur tannent pay the amount rte
V R SHROFF
(Expert) 02 January 2012
"is"nt there a law that society cannot charge more then 10% of maintance charges. Sir please reply"
True, you are right.
Society cannot charge more than 10% of service charges as NOC, that comes hardly Rs,. 50 pm.
Society cannot charge rs. 2500/- annual donation.
Society cannot impose an charges even by passing in AGM, as these are illegal charges under the Mah co-op soc act and it's bye laws.
BUT, IS YOUR LL AGR STAMP DTY PAID AND REGISTERED??
IS A VALID POLICE REPORT WITH NOC OF POLICE SUBMITTED BY YOU,
ARE YOU READY TO WAIT TILL NEXT MANAGING COMMITTEE MEETING, WHEN THEY WILL INTERVIEW & PASS resolution FOR YOUR LL AGR??
WILL YOU NEED SOC HELP TO EVICT YOUR LICENSEE IF HE WILL REFUSE TO PAY YOU RENT, AND REFUSE TO VACATE THE PREMISES ALSO?
WILL YO ATTEND POLICE STATIONS AS AND WHEN CALLED, AS YOUR LICENSEE CARRY ON ILLEGAL THINGS, AND POLICE CONTINUE SEARCHING HIM FOR 10 YEARS, DISTURBING MC MEMBERS??
IF YOU STRICTLY FOLLOW RULES, BYE- LAWS , BE PREPARED FOR ALL THESE.
For any small thing, Society will call you, and will not listen to your tenant. You are member. it may be leakage of water, noise pollution, fight with next door, any dispute, when you are away.
So choice is yours. "Ghoda bhi Apka, Maidan bhi Apka" Society bhi Apki, and tenant bhi Apka"
You will certainly win in court of law, but at what cost??
As such co-op society start with non- operation, continue with non co-operation, and dissolves due to non co-operation, the name is co-operative law.
u have Agent or not is immaterial.
Society works more than Agent, in allowing you to earn. & Agent earn 10 times the Society earn out of your profit, at the cost of Society liability.
ajay sethi
(Expert) 02 January 2012
as per byelaws society cannot charge more tan 10%as non occupancy charges . if society is presurrising you complain to Registrar . you are not required to pay 2500 annual donation .
prabhakar singh
(Expert) 03 January 2012
The practical problems posed by Mr. V R SHROFF is correct.
But apart from member how society can compel
a third person ,the agent to pay any thing.?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 January 2012
