Vikas
We are facing one issue of higher maintenance this year due to resolution passed by MC in a GBM.
Only tenants will be charged differential maintenance amount (to the tune of 20% or less)
In an apartment of 300 flats, 110 are rented out to Tenants. Only 110 families will pay extra maintenac eamount and the rest of the residing owners will enjoy the money paid by tenants.
Could you pls. tell us if this is correct? Secondly, we plan to complain to the Police of the stress, disharmony created by MC. Can we take some legal action against them?
I C Naik
This is a Non Occupancy Charges in the guise of additional maintenance. File a complain to the Dy. Registrar about this. This is in violation to the follwing order made by the Government which has been held by High Court as not illegal.
Government of Maharashtra Co-operation and Textiles Department Govt. Order No.SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai- 32 dated 1st August 2001.
Relevant Judgment is the Mont Blanc Co-Operative Housing … vs The State Of Maharashtra
(2 March, 2007 [2007 (4) MhLj 595]
Side by side as many as possible but not less than 60 members should requisition a Special General Body meeting of the members to RESOLVE that NOC shall not be charged in excess of the amount worked out as per Circular referred to above and also Resolved that any excess charged by whatever name called to the members who have sublet ther flats be refunded immediately and in future no such excess shall be charged, Since a large number of members are interested the resolution should be passed.