Non-Occupancy charge of flat in cooperative housing society

Sir, I live in Malad, Mumbai. I was transferred on job for over a year during which period I kept my flat locked.

Our society has charged me Non Occupancy Charges during this period.

My flat was locked during the entire period. Is the society justified in charging me Non Occupancy charges if the flat remains unoccupied.

Your advice will help. Thanks in advance

Regards,

V Vas

If your flat was locked for an year and not given out on rent, then the society cannot charge non-occupancy charges. However, they can charge interest on late payment of maintenance charges. They can also charge the postage costs and any similar additional costs incurred to send you the maintenance bills.

For more details on parameters on "Non Occupancy Charges",  kindly read the following link:

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

You may also prefer to read my other articles in the undermentioned blogsite.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

The Managing Committee of CHS in mumbai of which i am the flat owner have recently leased my flat for short term with the required agreement and police verification done. Our normal monthly billing includes a total of Rs 794/- under the following heads:
1. Municipal Taxes                =  555
2. Maintenance Charges     =   -
3. Sinking Fund                      = 139
4. Parking Charges               =   -
5. Non-Occupancy Charges = 500
6. Water Charges                    = 100
------------------------------------------------
Total                                           = 1294
=============================
As i was not aware of the rules of Calculations of Non Occupancy Charges, I have paid for the last 3 months. Should I submit an application to the chairman/secretary to refund me the excess amount that has been illegally raised in the bill. The Secretary is a practicing Advocate in High Court, and the Chairman is a Dictator and arrogantly makes and breaks rules as per his own convenience.

Kindly help me the procedure to file an application and request the MC to rectify the NOC illegal error.
Most of the members are afraid of the Secretary & Chairman and do not raise support against the wrong doings of the MC. Therefore i have to fight my own battle.

Awaiting your reply,
Thanking you,
A.Gomes

Dear Mr Gomes,

You can send a written letter to the society, requesting correction of the Society's bill. The non-occupancy charges can be a maximum of 10% the maintenance bill (without municipal taxes).

If there is no response from the Society, then you can approach the Deputy Registrar of Co-op Societies for redressal. Please do not be afraid if the Secretary is an Advocate as he also has to follow the law of he land.

Regards, Suneet

Sir,
Sub:  Non-Occupancy Charges of Rs 500/- billed to me by the society for leasing my flat.

This is with reference to Non-Occupancy Charges billed by the Managing Committee to us for leasing my flat. Are the Committee members justified in levying Rs 500/- p/m, as non-occupancy charges. Please advice the correct amount that I must pay the society as non-occupancy charges.

The format of the bill is as follows:

(For your Ref and advice only…
Our Coop Hsg Soc Monthly Bill is in this format: )

Sr No.    Particulars                                      Amount
1. Municipal Taxes                                           555

2. Maintenance Charges                            -
3. Sinking Fund                                          139
4. Parking Charges                                       -
5. Non-Occupancy Charges                     500
6. Water Charges                                       100
6. Any Other (Specify)                                  -
                                                                -------------------------
                Total                                             1294
                                                                ================

Meanwhile I have intimated the Chairman to rectify the NOC amount and correct it to 10% on the maintenance (excluding municipal charges).
Awaiting your reply at the earliest.
Thanking you,
with best regards,
A.Gomes

Sir,
If the Managing Committee of a CHSL in mumbai raises the maintenance bill with Non-Occupancy Charges of more that 10% including in the monthly bill, do the society have the right to levy 21% interest on the Non-Occupancy charges wrongly raised, and if not paid by the member. Is the member right if he pays only the regular maintenace charges with 10% non-occupancy included in it.
Does the MC have the right to levy a penalty on the member for not paying the non-occupancy charges that has been raised over the 10% on the maintenance bill.
Awaiting your advice. Thanking you,
Gomes

Sir,

Sub: Non-Occupancy Charges of 10% on maintenance bill (excluding Municipal Taxes), is it applicable in the state of South Goa, Margao, also.

I would like to know if the rule of levying 10% as non-occupancy charges (excluding municipal taxes) for leasing flat on rent is applicable even in the state of Goa.

Please advice if the Managing Committee makes their own rules of charging Rs 400/- or more randomly as NOC, are they justified in doing so.

If not, in such a situation can the member seek for justice and what is the procedure to do so in the state of Margao, South Goa.

Thanking you, - Gomes
 

Sir, What is the procedure to recommend the Tenant / Licensee as Associate or Nominal Member. Is Indemnity bond required, or a written application of request to the Secretary / Chairman of Managing Committee will suffice.  Also Can this name of the Tenant be withdrawn when required with an application. Pls advise.

To stop exorbitant Non-Occupancy Charges being levied by the society, can the Tenant / Licensee name be referred to be listed / included as a Associate Member or Nominal Member with a request letter to the Managing Committee to do the needful. Pls advise.

Please refer to my above advice regarding adding of Tenant as Associate Member:

• You can add any person as an associate member by filling a form in a specific format available with the Society. The format can also be checked online.
• You can request the society to remove the associate member, again by intimating them through a letter or by filling the specified form.
• Adding a Tenant as an Associate Member does not allow you to escape paying Non-occupancy charges.
• The Non-occupancy charges cannot be exorbitant and have to be a maximum of 10% of maintenance charges excluding House Tax

Regarding my query about Non Occupancy charges posted on 23 June, the society has reversed all Non- occupancy charges illegally charged to me. 

I thank everybody for their help and advice, specially Mr. Suneet Gupta and Mr. Hemant Agarwal.

Thanks a lot and do keep up the good work.

Regards,

V Vas

Congratulations Mr Vas :-)