Non-occupancy charges refund
BK
(Querist) 12 September 2013
This query is : Resolved
I had given my flat on rent from Jan 2008 to May 2010. Society charged me 100% of the maintenance charges as NOC and we paid w/o any issue. Now I have come to know that it was not correct on society's part to charge more than 10% and we asked for refund. Naturally they refuse. When I asked this question before on this forum, I was told by some reputed and respected lawyers that I cant ask for refund now since its beyond limitation period of 3yrs.
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.
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
Please confirm if my understating is correct or not. 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?
Thanks
Mrs Kamat
ajay sethi
(Expert) 12 September 2013
175. If the Member/ Members are not satisfied by the decision of t he Committee, or does not receive any communication from the committee within the time specified above, he / they may approach the Competent Authorities , depending upon the nature of the complaints , as enumerated below:-
(A) ASST. REGISTRAR / DEPUTY REGISTRAR:
Matters pertaining to following issues:-
a) Registration of Society on Misrepresentation,
b) Non-issuance of the Share Certificates,
c) Refusal of Membership,
d) Non registration of Nomination by the society,
e) Non Occupancy charges,
f) Demand of excess premium for transfers,
g) Non supply of the copies of record and documents,
h) Tampering, suppression and destruction of the records of the society,
i) Non acceptance of the cheques or any other correspondence by the committee.
j) Non maintenance or incomplete maintenance of record s and books of the society,
k) Non preparation of the annual accounts/reports, within the prescribed period,
1) Misappropriation/Misapplication of the funds of t he society,
m) Defaulter/Disqualified member on t he committee,
n) Investment of Funds without prior permission,
o) Reconciliation of Accounts,
p) Audit,
q) Non conducting of election before expiry of the term of the committee,
r) Rejection of Nomination,
s) Non calling of General Body meetings within prescribed period,
t) Non calling of Managing Committee meeting as prescribed in Bye – laws,
u) Resignation by the Committee,
v) Any other, like, matters which falls within jurisdiction of the Registrar.
CO-OPERATIVE COURT:
Disputes between the members and / or the members and society, which fall under Section 91 of the Act, such as:-Disputes pertaining to :-
a) Resolutions of the Managing Committee and General Body.
b) The elections of the Managing Committee, except the Rejection of
Nominations, as provided under section 152-A of the Act,
c) Repairs, including Major Repairs, internal repairs, leakages,
d) Parking,
e) Allotment of Flats/Plots,
f) Escalation of construction cost,
g) Appointment of Developer/ Contractor, Architect,
h) Unequal water-supply,
i) Excess recovery of dues from the members,
j) Any other, like, disputes which fall within jurisdiction of the Co-operative Court.
your complaint is relating to non occupancy charges should be filed before asst registrar under byelaw 175 . as per section 92 period of limitation would be 6 years
V R SHROFF
(Expert) 12 September 2013
Earlier Query repeated I answered at lengh will a hint:
If you will raise this Complaint, , I m sure, you will repent.
Though 10% of service chg & 6 yrs limitation is there, but there are many more legal point that u lapsed will be digged out in Asst Registrar's Office, and once on Govt. record, he being Gaz Officer is is bound to take action against you.
OK Otherwise try as suggested.
Adv Sethi had advised in details and it totally true,
But I hv reservation in implementing it, for the reasons cited by me above, and it is just the tip of an iceburg that you may face.
So be very careful, and fight with society , only if your hands are clean, and clear by Advocate,s opinion.It's rare. I m sure it can't be.
As told earlier, I cannot go beyond to clarify all that here. You will face it by yourself in Regd Office.
I had experience of the loop holes, and danger involved therein.
R.K Nanda
(Expert) 12 September 2013
agree with sethi.
Rajendra K Goyal
(Expert) 12 September 2013
Repeated query, Why new thread.
http://www.lawyersclubindia.com/experts/Refund-on-non-occupancy-charges-419896.asp#.UjGjtD-Lp3A
