Refund on non-occupancy charges
BK
(Querist) 01 September 2013
This query is : Resolved
I had given my flat on rent from Dec 2007 - April 2010. My society had charged me 100% of the maintenance charges. My maintenance charges went up from Rs.1200 to over Rs.2000 per month during that time and I was always paying double the amount as NOC. The secretary maintains that everyone has to pay that and everyone has been paying without any noise. we kept our payment on time and paid in full every month for all that time since we were out of the country and my uncle was handling the bills. When we relocated back to Mumbai in May 2010, we started living in our flat in May 2010 , the NOC charges stopped.
I recently found out (in 2013) that the NOC charges can not be more than 10% of service charges. so I wrote a letter to the society to refund the excess amount charged to me during the period I mentioned above. They flatly refuse and still continue to charge 100% to others who are renting.
The society is starting to collect the repair fund from August 2013 which amounts to same amount as my refund amount.
My question is -
1. Can I ask for refund for the amount I paid 3 yrs back ? Is society bound to refund the amount by law ?
2.Can I stop payments to repair fund and ask the society to adjust the refund amount into the repair fund ?
Thanks
Mrs Kamat
ajay sethi
(Expert) 01 September 2013
no you have to pay your contribution towards repair fund .
if 3 years have passed since you made payment your claim would be barred by limitation . you are right that society cannot charge more than 10%of maintenace charges as non occupancy charges .
Rajendra K Goyal
(Expert) 01 September 2013
Agree with the expert ajay sethi ji. Nothing more to add.
BK
(Querist) 04 September 2013
I did some more research on this and found out that a member has upto 6 yrs (not 3 yrs as per your advise as per the limitation referring to 92(b)see below. Please confirm if my understating is correct or not. so if my understanding is correct then in my case I have till Dec 2013 to file my case (my NOC charges were paid from Jan 2008-May 2010 so 6 yrs would be end of 2013, correct?
92. Limitation.- (1) Notwithstanding anything in the Limitation Act, 1963, but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Co-operative Court under the last preceding section shall-
(a) when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof be computed form the date on which such member dies or ceases to be a member of the society;
(b) when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place
BK
(Querist) 04 September 2013
I did some more research on this and found out that a member has upto 6 yrs (not 3 yrs as per your advise as per the limitation referring to 92(b)see below.
http://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Maharashtra_Co-operative_Societies_Act_1960.pdf
Please confirm if my understating is correct or not. so if my understanding is correct then in my case I have till Dec 2013 to file my case (my NOC charges were paid from Jan 2008-May 2010 so 6 yrs would be end of 2013, correct?
92. Limitation.- (1) Notwithstanding anything in the Limitation Act, 1963, but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Co-operative Court under the last preceding section shall-
(a) when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof be computed form the date on which such member dies or ceases to be a member of the society;
(b) when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place
V R SHROFF
(Expert) 12 September 2013
NOC is part of prifit generated by you, Services provided by Society, equally for all members. Your occupants being non members availed the services, and for that purpose Society collected a small part as NOC, going for bebefit of all other members looking after soc.
Soc co-opearate with you.
If you start fight with Society, You have to spend more than 100% for services.
So I suggest, do not raise such dispute.
If you will raise, I m sure, you will repent.
So forget 3 or 6 years Limitation.
Keep co-ordial relationship with Society, especially as u rent out your premises.
How u can suffer:: I cannot reply here. as it is not a point of discussion.
I can only give my opinion 4 your goodwish. .
BK
(Querist) 13 September 2013
Thanks everyone for the valuable input.
