Legal Question in Real Estate Law in India

In spite of the HC verdict of charging only the Non Occupancy from the lessor of a flat in Mumbai, our Housing society is charging Rs.400/PM from the lessor who has leased out the flat. In addition they are also charging Rs.500 extra for open space car parking.Thus a total Rs. 900? is being extorted illegally. I believe that the Supreme Court also has upheld this verdict. Kindly advise how to solve this problem.

C K M


Asked on 8/13/13, 7:24 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.08.2013

Dear C K M,

The Society is entitled to charge 10% of the monthly Maintenance Charges as Non Occupancy Charges (NOC) to the concerned member who has given his / her flat on an Agreement for Leave and License (ALL). Many Societies also levy Parking Charges to the member, if the member or the Licensee's car is parked inside the Society compound. This will be construed as illegal extortion, if and only if, the NOC charges exceed the permissible limit as above. You should check and confirm the resolution regarding Parking Charges as voted for and passed in the past AGM of the Society.

Regards,

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Answered on 8/13/13, 9:16 pm


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