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Snehal s88 (Associate)     12 August 2014

Non occupancy charges in excess of 10% as stipulated by law

Dear Sir/ Madam,

My parents are senior citizens and own a flat in Andheri East, Mumbai which they have let out. The society in the AGM has passed a new rule and started collecting additional amount from members who give their flats on leave and license. This is in addition to the 10% non-occupancy charges. I read about the govt notifications in this regards and court judgement on the same and believe what the society is doing is illegal. We tried telling the society about the same during AGM but they rudely challenged my parents to go to registrar and the court. 

Can you please advise on what we can do? In what way can we reach out to the registrar? What is the registrar office address for Andheri East society? Any standard format of application or lodging this complaint? Also, can we go to consumer court against the society for causing mental and physical distress to my parents (specially in this age) and also defaming them by calling them defaulters (for non payment of these additional charges only, while being very particular about paying rest of maintainance amount)

Look forward to your guidance. Thanks



Learning

 2 Replies

Suneet Gupta (www.vashiadvocates.com)     13 August 2014

The simplest option for you is to write to the Sub-Registrar of Cooperatives with a copy of the resolution and the maintenance bill. He will set the society right.

T. Kalaiselvan, Advocate (Advocate)     16 August 2014

First issue the society with a legal notice on the subject issue, if they still insist on it, you may approach the concerned court of law for remedy and relief.


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