I have bought a residential flat in June 2011 in Kandivali east, Mumbai. The society issued NOC to me without informing that the subject flat was subject to commercial use and the property tax is levied under commercial category in BMC records. On the contrary they took affidavit from me that I will use the flat for residential purpose.
Subsequently, they informed me to pay propety tax arrears with retrospective effect from April 1, 2010 which BMC levied at new rates / formula. To which I paid Rs. 70,000 in Sep 2014.
When I informed BMC about this , BMC replied that the change from commercial to residential will be effective July 29, 2011. The BMC records are still showing date of Change to residential as Oct 01, 2011 inspite of repeated reminders through emails, letters and personal visits.
Then I got RTI filed and got the information that the said flat is tax as “Computer Shop” earlier and has been changed to residential w.e.f Oct 1, 2011.
Based on the details provided under RTI, the said flat is chargeable at the rate of Rs. 52544.
However, the society demanded extra Rs.105488 as per the provisional bill issued by BMC in Feb 2014 apart from Rs 70000 paid in sep 2014.
On furnishing the RTI responses provided to me by BMC, the society is still not ready to rely on the same and refused to refund the excess amount paid by me.
I am following up with the society since then, but they are not refunding the excess taxes paid by me inspite of RTI response of BMC.
As a honest tax payer and being a salary class person, I am unnecessarily burdened with huge taxes which is not payable.
Please look into the same and guide me the wayforward
I C Naik
Property Tax matters are usually handled for the building as a whole as mostly the user of every flat is uniform namely residential. Any Change in user attracts tax change and such user change is permissible if the managing committee approves any it is permissible under town planning regulations monitored by BMC. In Kandivali one can see many shops on the ground floor with all other floors as residential purpose flats. The affedavit you have executed has a clause that you will not change the user of the flat without prior approval of the managing committee. The previous owner has used residential purpose flat as a computer shop with approval of BMC which can not be done without the Committee’s approval.
BMC officials’ stories in case of dealing in any monetary matters or approval matters is far from secret and is accepted as part of living style and no one has time take on them.
In this case BMC and Committee and CHS (being the owner of the Building, all are negligent in their duties to carty them out properly so that the tax payers do not suffer injustice.
The Government enacted Consumer Protection Act 1985 to give justice to consumers in such cases. The Supreme Court of India has ruled that h making a complaint under CPA 1985 is consumer’s remedy which is in addition to any other remedy provided under any law and as such you can also approach district Consumer Court for getting this relief from the society as well as the BMC. The procedure is simple. Within two years of RTI info becoming available to you, file a complaint against both before the Mumbai Suburban Additional District Forum, Administrative Building 3rd Floor,Near Chetana College Bandra (E) Mumbai 400051.
The matter before Consumer forum are not all that legal but are fact based and can be presented by the complainant him/herself. It does not require a lawyer or a court fee. Go and meet the Registrar of the Court who will guide. The process is also shortest as compared to that in any other forum.
So go ahead and best of luck.