Legal Question in Real Estate Law in India

Non-Occupancy Charges

I have rented my flat in Navi Mumbai. The society is not yet handed over by builder. Builder is asking for 50% of maintenance charges as non-occupancy charges. I had read in newspaper that NOC are not more than 10%. Please let me know what shall I do for the above problem.


Asked on 11/03/08, 2:31 am

3 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: Non-Occupancy Charges

Advice is subject to agreement. In case of violation of agreement, competent court may grant declaration.

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Answered on 11/03/08, 3:58 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Non-Occupancy Charges

Society can claim only 10% more.

If society is not yet formed and management & maintenance is still with the builder, he can not claim any non-occupancy charges.

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Answered on 11/04/08, 12:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Non-Occupancy Charges

You may need to refer to your agreement with the builder and the bye-laws of the society.

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Answered on 11/03/08, 3:02 am


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