Is non-occupancy charge valid for vacant flat due to NMMC?
I have a flat in a housing society in Navi Mumbai. The building has been certified unfit for habitation by the Navi Mumbai Municipal Corporation (NMMC), and this has been notified to the housing society on their letterhead. As a result, I have kept the flat vacant. The managing committee is now charging non-occupancy charges on empty flats, including mine. Is the non-occupancy charge valid, considering I have kept the flat vacant as per NMMC guidelines?
The Maharashtra Cooperative Societies Act allows societies to charge non-occupancy fees, but in this specific case, since the vacancy is due to an official order declaring the building unsafe by NMMC (a government authority), the society cannot legally impose non-occupancy charges as the vacancy is not voluntary but mandated for safety reasons. You can challenge these charges by writing to the society with the NMMC notification and if needed, file a complaint with the Deputy/Assistant Registrar of Cooperative Societies under Section 79 of the Maharashtra Cooperative Societies Act.
Sir, since your flat is vacant due to the NMMC's certification that the building is unfit for habitation, the non-occupancy charge should not apply. You can challenge the charge legally either through the housing society’s grievance redressal mechanism, RERA, or consumer court. For further legal assistance contact us on our helpline number.
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