Hi,
Our society (located in Mumbai) has a passed a resoluttion in the AGM where the members who let out their flat on leave & license have to deposit Rs. 20,000 with the managing committee. This they say is under the head shifting charge or deposit to be held with society so they issue NOC to the member. Once the licensee moves in, the society will arbitrarily assess damage done to society common areas (staircase) during the shifting. According to them, society watchman will prepare a report of this damage and submit to managing committee. Managing committee will then decide the correct amount to deduct from the deposit held with them and return the deposit to the member in a month's time after the licensee moves in. The same process to be repeated when the licensee moves out. If the deposit is not given to the society, they will not issue NOC to the member or they will not allow the licensee to move out of the society.
My questions.
1. Is this method of charging shifting charge/ deposit a legal one?
2. Can society hold back NOC for sub-letting of flat on grounds of not receiving a deposit?
3. Can society stop licensee from moving out at the end of the contract because the owner has not deposited this shifting deposit with the society?
What would the experts here recommend to prevent such harassment by the society and managing committee members? Naturally, people who let out their flats are a minority and hence the managing committee members and others gang up during AGM and come up with ridiculous provisions targeting the minority members like us.
Thanks
