Legal Question in Landlord & Tenant Law in India
Reg. subletting
our society has recently implemented the rule of charging 10% of service charge as subletting charges, now one of our memeber who also happens to be ex-seceretary of the society and was incharge for last 3 years has a flat on rent from last 7 years and was paying Rs. 120 as subletting charges all these years as decided in our earlier meeting during the year 1997. now he is asking to refend the amount he had paid from year 2003 till date to the society. my question is is he liable for refund as the new 10% charges is implemented from may 2009 onwards.
Asked on 7/09/09, 9:52 am
3 Answers from Attorneys
Pranav Desai
PD Legal & Associates
Re: Reg. subletting
No. Any rule cannot be retrospective.
Answered on 7/10/09, 2:10 am
Rohini Kumar Tenneti
R.K.1080 LEGAL SERVICES
Re: Reg. subletting
yes
Answered on 7/09/09, 11:40 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Re: Reg. subletting
The liability, if any, may be worked out as per your bye laws.
Answered on 7/09/09, 12:52 pm
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