Legal Question in Landlord & Tenant Law in India

Ill-legal charges by CHS for subletting a flat

Sir,

My society has resolved the following in the AGM held on 11th August 2007:-

''One month's rent would be collected as the non-occupancy charges for the rented out flats in the socuety. The said charges would be for every 11 months agreement of the leave & licence basis.''

Even after repeated initimation that if a flat owner sublet the flat the society is only within the power to charge the non-occupancy charges which should not exceed 10% of the service charges (excluding the minicipal taxes), the Secretary has not initiated any action to revoke the above clause. Also some of the members in the committee has been stating that they won't allow anybody to sub-let their flat if they are not paying above charges. Due to this I have not sublet my flat for last 3 months and facing the economic losses and mental pressure due to this injustice. I have written a letter to the secretary demanding him to give me the reason for charging such illegal charges as CHS is supposed to be a no-Profit making organisation so that I can approach the Deputy Registrar for Quasi judical authority to expeidate this issue.

I would request most of the LawGuru legal experts to provide me valid advice & suggestion for above case.

Yours Truely,

Jay.


Asked on 12/09/07, 11:59 am

4 Answers from Attorneys

Re: Ill-legal charges by CHS for subletting a flat

your stand is correct.Approach the D.registrar/ Registrar and you may also approach the court by way of Injunction Suit or Writ.

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Answered on 12/10/07, 12:30 pm
vimal shanthilal Vimal Law Associates

Re: Ill-legal charges by CHS for subletting a flat

without looking into the rules and byelaws of the society it may not be possible to reply to your queries.

your approaching the registrar of chs sounds appropriate please pursue it.

with resolution referred and the byelaws of the society better reply can be given. may send if need more clarity on issue

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Answered on 12/10/07, 12:39 pm
G. M. Gupta gmguptaandassociates

Re: Ill-legal charges by CHS for subletting a flat

though better advice can be given only after going through the by laws of the the society and related documents, however you can always move to lower courts for injunction against the office bearers and you can move to high court for a writ and you can move to registrar and deputy registrar of societies with the complaint.

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Answered on 12/12/07, 11:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Ill-legal charges by CHS for subletting a flat

You are right that the non occupancy chgs should not exceed 10%.You may write to deputy registrar about this and a copy may be sent to registrar.

If you meet them and submit the letter by taking acknowledgement it will be better.

pl feel free to contact/mail me.

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Answered on 12/10/07, 6:35 am


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