Non occupancy charges

you may serve a legal notice to the society/members through an Advocate or you may also write the complaint to the registrar of the co-op. hsg. societies about such issues and ask it to interfere in it and take necessary actions against the society/members.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Place it in writing and make through correspondence, it shall help you gain an advantage at evidence level before the registrar.

 

Place it in writing and make through correspondence, it shall help you gain an advantage at evidence level before the registrar.

 

Also don't forget to quote the following

 

Bye-law No. 43(2)(iii)(c) : Subletting :
.		Non-occupancy charges shall be charged by society in accordance with circular to be issued by the Government of Maharashtra Commissioner of Co-operation from time to time. Vide Govt. of Maharashtra Notification No. SYG-1094/15165/P.No.317/14-C dated 1st August 2001, the society should not collect the non-occupancy charges at a rate exceeding 10% of the service charges (excluding municipal corporation/Nagarpalika taxes. This Notification also provides that non-occupancy charges shall not be levied if the flat is given by the member to nearby relation such as father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, daughter-in-law, grand son, grand daughter or such other relative as might have been permitted by the society.

Thank you Sir for the advice but since society is still in the formation process to whom should the letter be addressed. Are the so called (will be) members legally entitled to collect the maintenance charges before formation of society and pass on decision to stop services.

There are nominated persons who are the key persons handling the affairs of the society to them you should address and don't forget to mark CC to the Registrar Co-operative Societies of your ward.

Make an application addressing the proposed society to give details of the members nominated to collected and keep proper accounts of maintainence charges.

 

Yes if the society has passed a resolution for the same the nominated persons can take control of the affairs of the society.

Regards

Dear Sir,

I am living in ahmedabad where house owenrs assocication is registered under bombay non-trading association act. I am tenant and share very good relations with my landlord. The association is charging 2.50 time higher maintenance charges to tenant than the flats occupied by owners. Does the Mumbai HC and Suprim Court's decision can be applicable to other states also ?

with regards

Santosh