Refund of excess non occupancy charges
Querist :
Anonymous
(Querist) 02 September 2018
This query is : Resolved
Sir, Housing society committee has charged excessive non occupancy charges. After complaint to registrar they are ready to return excessive amount but refused to give interest on that amount. I want to know What law says, whether committee should pay only excessive amount or along with interest on the amount. Please advice
KISHAN DUTT KALASKAR
(Expert) 02 September 2018
Dear Sir,
Normally the interest has to be paid. You may again approach the Registrar or the Civil Court.
Kumar Doab
(Expert) 02 September 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Kumar Doab
(Expert) 02 September 2018
You might have prayed for interest also in complaint or Registar might have awarded interest.
If society is declining to pay interest in person/ in writing try by approaching forum again.
Rest go thru Society bye laws framed in accordance with Model Bye Laws of state/Co-Op Act and relate.
Preferably obtain written legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law e.g; Society/civil matters as in your case, and well versed with LOCAL applicable rules/laws …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record and even draft the required/suitable reply for you.
There are such very able counsels at each location.
Check for such counsels at LOCAL Co- OP courts/civil courts, HC, SC…
Dr J C Vashista
(Expert) 03 September 2018
Incomplete information qua the charges alleged to have been collected and adjusted/refunded by the Society.
Bye-Laws adopted by the Society, State Cooperative Societies Act and Rules framed shall govern the case.
You have adequately been advised by experts despite the rules of this platform viz; Anonymous author is not obliged.
Consult a local prudent lawyer.
Kishor Mehta
(Expert) 03 September 2018
The Society has to pay interest over the amount of illegally collected Non-occupancy charges when it is ordered to refund the entire amount.
