Saturday, October 13, 2012

No society may charge more than 10% of the monthly maintenance/ service charged

I am living in CHS since last 40 years in the flat purchased by my father from his employer. But the same was not transferred by the society in his name, as there is no written document supporting the claim other than the ration card, pass port, utility bill etc. The society has been levying NOC charges equivalent to 100% of the maintenance charges for almost 10 years with interest on delayed payment. Initially I paid a big sum but I have now stopped the payment, because the amount already paid can take care of more than 2 years’ maintenance charges. There is a legal dispute pending and since I stopped the payment of the maintenance charges, society has accepted one payment from the party with whom the litigation is pending. I seek your advice about the NOC with the details of supporting notification and who is authority to whom I can approach?
–Ajay
As the matter is already in litigation, it would not be advisable to comment on the issue raised by you and you may consult your legal advisor, who may be aware about the facts and documents relating to this matter. However, I may clarify that as per the Circular dated 1.8.2001 issued by the State Government and upheld by the Bombay High Court, no society may charge more than 10% of the monthly maintenance/ service charged, the breakup of which is given in the model bye-law No.68. The appropriate authority about the breach of such rule is the Dy. Registrar of the cooperative societies.

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