We are living in a society and about to move out. But the society is telling us that we need to pay certain amount as moved out fees. This move out fees even not mentioned in agreement when we were move in here. What to do.

Response

All such kind of charges, the by laws of the society would authoritative

However through laws or any resolution surpassed with the aid of using the society in regards to the unlawful demand or exorbitant costs aren’t valid

The tenant is prone to pay the maintenance costs as in accordance with the norms of the society. However, the developer or the society can’t charge distinctive price from owners along with tenants. This isn’t always legal.

Charges for shifting-
Society in Mumbai ought to abide through the byelaws and byelaws does now no longer permit for such expenses.
While renting out the owner can be charged month-to-month NOC through society that is max of 10% of the service fee charged via society to all proprietor members.

Having stated that there are a few societies which use this route to add to their profits and one ought to ask the owner to pay up because the best thing that the tenant ought to be paying is the rent without any interest deposit.
The tenant must pay if there may be losses on the common property due to the move.

Charges made by society with respect to service and maintenance:
1. The Society can levy Service & Maintenance Charges as particular in Bye Law no. 64 ,65. Anything else past that is illegal & unauthorized even IF sanctioned /resolved in any General Body meeting.
Hence the prices cited thru you’re unlawful & can’t be recovered, in in any respective grounds.

2. A Grievance Petition may be filed in front of the Registrar (K-W ward) searching for directing to the Society and additionally a Grievance Petition may be filed before the Local Consumer Court, for such unfair Trade practices, harassment & intimidation and so on and demand damages /compensation for the mental & bodily trauma and different economic losses with interest thereon.

Society can at maximum charge 10% of monthly maintenance invoice as non occupancy costs

3)Society can’t charge flat ten thousand rupees a month as utilization charges from tenant

4) there may be no provisions for charging shifting costs withinside the by laws

5) even assumed that it is accepted through AGM any modification in bye laws needs to be accepted through registrar

6) complaint to deputy registrar of your ward towards stated resolution surpassed via society.

You are recommended first frame an utility to chairman of society to extrade the bye-legal guidelines if in accordance with that they’ve charged you the pass out fees.
If they do not change, then you can frame a case before the registrar of society for motion withinside the course of society.
If you aren’t satisfied through choice of registrar, then file the writ petition in Court.

Reference: By Laws. – 202100523-20210041-649

LAW3769

LAWAYZ-2023-06