Order will have only prospective effect ie from date of order unless it mentions that you are entitled to refund retrospectively
Non-occupancy charges
Dear Sir, My society in Mumbai had been charging me Non-occupancy charges equaling 100% of the maintenance charges since 1997. Now they are willing to refund me the excess paid to them only from 2001 based on the Order No.SAGRUYO-1094/15165 dt 1st Aug 2001. Since this order cancels the previous order dtd 1995, can it be understood that the effect of the 10% cap on Non-occupancy charges is retrospective ? Can i claim a refund on the excess paid from 1997 to 2001 ? Thank you
Asked 2 years ago in Property Law
Religion: Hindu
8 Answers
Previous order revoked by 2001 order. Before that it was effective, Refund from 2001 only. Not retrospective.
It can’t be charged more than 10 percent. Don’t pay more than 10 percent. You can file complaint to Dy registrar office against the said society
Until and unless the order specifically states that the orders passed will in this regard will have retrospective effect, it can be understood that the orders will have effect prospectively only.
In that situation you may not be entitled for retrospective benefits
The Non-Occupancy charges will be return to you as per the order. If you want the amount from 1997 that you should have mentioned in the case and include in the same order to return amount from 1997 along with 10% cap etc.
Order always have effect from the date of order unless and until it is specifically mentioned that the order is effective from retrospective. So if order mention retrospective effect only then you can claim otherwise not.
- Since, this order cancels the previous order of 1995 , then the society is under obligation to refund on the excess paid from 1997 to 2001.
Dear Client,
An order's impact is generally valid from the date of its issuance, unless explicitly stated otherwise with a retrospective effect. Thus, a retrospective effect must be mentioned in the order for any claims to be made based on such an effect. If no retrospective effect is specified, the order's influence remains applicable from the date of issuance.
