Non occupancy charges by hosing soceity
Aulakh
(Querist) 05 September 2013
This query is : Resolved
My Hosing society in Mumbai has been charging me NOC for the period my flat was locked (owner not staying nor given on rent) from 2003 onwards.On talking to them i was told that once the flat is locked (owner not staying) NOC is charged.As Laymen I was unaware so thought it to be right.My flat was given on rent from 2005 till 2006 then 2007 onwards.On consulting some other societies I came to know that NOC can be charged only when flat is leased out.i wrote letter to the society in Jan 2007 regarding the wrongful charges and asked them to refund but no reply inspite of several follows up.I gave them acknowledged letter (submitted by me in Jan 2007 and in June 2011),agreements and now they want me to give them acknowledged letter that in 2003 my flat was not leased, but I never gave them any letter for the samein 2003 but only in 2007.Kindly advise me on the same.
Kolla Gangadhar
(Expert) 06 September 2013
You check up your Bye-laws of Flat owners Association if it is not payable if not occupied then do not pay if it is payable then you have to pay.
Rajendra K Goyal
(Expert) 06 September 2013
If the society has wrongly charged the NOC, after confirmation from the bye laws of the society, send notice to them and afterwords you may file suit.
ajay sethi
(Expert) 06 September 2013
your claim for recovery of excess charges for period 2003-2007 would be barred by limitation
Raj Kumar Makkad
(Expert) 07 September 2013
Who ha obstructed you to raise such issue till so many years?
There is no chance of effecting such over due recovery at this belated stage.
Hemant Agarwal
(Expert) 10 September 2013
IRRESPECTIVE, of the above opinions,
1. One can always file a Criminal Case u/s 418 IPC (Cheating) and u/s 427 IPC (Mischief).
2. The Chairman /Secretrary / Mg.Committee is "bound by law", to protect the interest of the Members u/s 73 of the MCS Act. Hence IF the Mg.Committee has intentionally collected the said "Non-Occupancy Charges", then the Mg.Committee becomes liable for criminal prosecution.
3. Initiating Criminal Prosecution, will not result in recovery of the non-occupancy charges.
4. However consequent to the Criminal prosecution, the General Body could decide to return the falsely collected Non-Occupancy charges alongwith interest, subject to appropriate conditions in the society.
Keep Smiling .... Hemant Agarwal
