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Extra charges to flat owner if flat given on rent

(Querist) 04 June 2014 This query is : Resolved 
Dear Sirs,

We seek your expert advise on the below issues.


Earlier Our co-operative housing society were used to charge non occupancy charges Rs.250/- which were grater than the 10% of the service charges.

Regular/basic Maintenance amount is Rs.750/- per month to the owenr.

When somebody objected,the said society has started to put Rs.350/- in the head of ADMINISTRATIVE CHARGES in the monthly maintenance bill if falt is given on the rent.

And society is not showing anything in the head of Non Occupancy Charges.

When inquired with the committee members they replied that it has been decided in the AGM/MGM.

Please guide.
Hemant Agarwal (Expert) 05 June 2014
Please prefer to read the following link, for answers to your various queries.


http://www.lawyersclubindia.com/articles/Non-Occupancy-Charges-in-a-Society-5705.asp


Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
ajay sethi (Expert) 05 June 2014
society cannot charge more than 10%of service/maintenance charges as non occupancy charges
T. Kalaiselvan, Advocate (Expert) 07 June 2014
Agreed with experts, nothing more to add. The non-occupation charges should be within 10%, hence they do not show it under the said head of account.
Raj Kumar Makkad (Expert) 09 June 2014
Well advised by experts hence no more to add.
sudhakar s. yeradkar (Querist) 11 June 2015
Dear Sir,

The Lease Agreement of my flat duly registered has been submitted to the society alongwith copy of police verification and copies of several articles including of Shri.Hemantji Agarwal regarding NON-OCCUPANCY charges.

Despite of given several articles and copy of bye-laws explaining the term of non-occupancy charges our society have not stopped extra charges to the flats, which are given on rental. As they also aware that they can not charge Non occupancy charges exceeding 10% of service charges so they have included a heavy amount under different head like administrative charges - i,e only for the tenant flats.

Please advise so as to take appropriate action in the matter.

Regards,


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