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?

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Advocate By LEAD INDIA Answered: 14 Dec 2024

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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