Maintenance charges

Pay or wait for taking possession. Or spend time and money on a consumer case.

The flat which I live in is in Airoli, Navi Mumbai and in the name of my Father's Mother's brother. Now He is living in the USA and it is difficult for him to come down to India for every small work. As I am living in Mumbai and am His Grandson, he gave the Power of Attorney to me for all the related work of the said house and to live in the same house. 

Now the society is levying non occupancy charges on me since 2007 inspite of me submitting a Copy of power of attorney which clearly mentions that I am the grandson of him.(The executee of the POA). 

Secondly, the amount the society is charging is Rs 400/month whereas the Service charges I am paying is Rs.750/month. This is way too much. When I consulted the committee about this they said that u have to submit a REGISTERED Power Of Attorney in order to get the 10% Non Occupancy Charges or else we will charge the amount of Rs.400/month.

I would like to know..

1. Am I entitled to the Non Occupancy Charges given the relation with the owner?
2. If at all they are charging the Non Occupancy Charges, can they be more than 10% in any given case?
3. Is Registration of the POA necessary for getting the 10% Non occupancy charges as the society says? (otherwise they will charge 400/month if the POA is not registered, It is only Notarised)

It would be of great help to me if you could enlighten me on this.

Thanks

Niteesh Dean.

Mr. Niteesh, 

Father's mother's brother may not be considered family and any POA executed in such a case is expected to have received some consideration (money). Hence, the society may not be wrong in demanding such regstration. 

However, as far as a power of attorney executed outside India is concerned it is recognised only if it is authenticated by Indian Consul, Vice Consul or a representative of the Central Government in that country (Maharashtra Rules). This does not need registration.

Sir, Thanks for replying to my query. As you pointed out that I dont qualify for family (Father's mother's brother) and the society will charge Non Occupancy charges from me, I would further like to know that is it ok for the society to charge more than 10% of the service tax. Currently I am paying Rs 400/mth in lieu of my taxes that is 775/mth. Ideally it should be 77 rs/mth (10% of Rs775). Also this amount is for now. What about for the amount that was calculated in previous years. At that time the services charges were lower than now. but they have been charging 400Rs from the start. So is this ok on their part to charge more than 10% in any given circumstance? As far as I know a society can charge No More than 10% in any case. Please help. Thanks Niteesh Dean.