Non occupanacy charges in registered society?

salman khan (Querist) 11 March 2012 This query is : Resolved
i have shop of 105 sq.ft in registered co-op hsg. society and now i have given shop for rent and on maintenance receipt society charge flat rate of Rs.50/- monthly

full specification of maintenance charged by society:
PARTICULARS Rs.
1)municipal(property tax) 18
2)water and sweeper charges 65
3)maintenance charges 18
4)sinking fund 07
5)Non occupancy charges 50

i would like to know whether the society is right to charge the above non occupancy charges but legally is should not beyond 10% of service charge except municipal tax

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V R SHROFF (Expert) 11 March 2012
salman lucky guy, pay 50/-pm & keep quite.
i know u r charged more, but r u interested in ll age regdn, ^& pay 6000 regn ll agr ?? + police clearance & wait till mg comiter approve ur ll

Shonee Kapoor (Expert) 11 March 2012
But Shroff Sir,

When the shop is on rent, how can there be non-occupancy.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 11 March 2012
NOC: Non occupancy is charges as Member did not occupy himself:
It is occupied by non members to earn rent/ comp. OK My dear Shonees Saab
This is very common as investor purchase flat/ shop and give it temporarily on rent in city of Mumbai/ Thane, and wait till value doubled up.
So Society part with their profit. But HC restricted it to 10% of service charge.

so balance is illegal charges: But again, LL occupier cannot go to complain for extra NOC, as he avoid compulsory Registration, wh cost 200 times extra NOC, so settled, pay Rs 100-500 pm NOC, and allow unregistered tenant to occupy. Easy and comfortable. No Police clearance, no waiting till approval of tenant till date of Managing committee, which is held once in a month, no approval of new tenant in society premises, etc etc. I hope I gave all in z& out information of all legal & illegal practice over here.

Sudhir Kumar, Advocate (Expert) 12 March 2012
Agreeing with Mr VM Shroff, I would add that I have seen RWA of DDA apartments (now Gp Hsg Society) charging Rs 200 pm from vegetable vendor, scrap dealers, washerwoman etc. and attempting to leavy similar charges on maids and gardeners entering the premises.