Respected Lawyers,
Our society is demanding an extra non-refundable amount of ₹3000 as shifting charges from shop owners, along with an annual renewal charge of ₹1000. They have also stated that a fine of ₹1000 will be imposed if the payment is not made within a few days. However, as a shop owner, I am already paying 10% Non-Occupancy Charges (NOC) to the society for renting out the shop. They are stating that this is done by legal laws
I would appreciate your guidance on the following points:
- Is it legally valid for the society to impose shifting charges when Non-Occupancy Charges is already being paid?
- Can the society apply this charge retroactively, as our shop was rented/given out on 17th January, while the AGM/GBM decision to introduce shifting charges was passed on 26th January
Could you kindly advise under which bye-law, rule, or section of the Maharashtra Cooperative Housing Society Act, the society can levy such charges?
Thank you in advance
