Can a Society Charge Shifting Charges for Tenants Moving In? Know Your Rights!
Understanding Shifting Charges in Housing Societies
If you are a tenant moving into a housing society in Maharashtra, you might be asked to pay a shifting charge by the society. But is this legal? What does the Maharashtra Co-operative Societies Act, 1960 say about it? Let’s break it down.
What Does the Maharashtra Society Act Say About Shifting Charges?
According to By-Law No. 67(1)(xvi) of the Maharashtra Society Act, 1960, a society can impose nominal charges for shifting. However, these charges must be:
✅ Approved in the General Body Meeting (GBM)
✅ Reasonable and not excessively high
If a society charges ₹10,000 or more, tenants have the right to file a complaint.
Where to File a Complaint for Excessive Shifting Charges?
If you believe your society is charging unreasonable shifting fees, you can:
- File a complaint with the Deputy Registrar of Co-operative Societies.
- Approach the SRA (Slum Rehabilitation Authority) if the building is under the SRA scheme.
Can a Society Legally Deny Shifting Without Payment?
No, societies cannot deny a tenant from shifting in if they refuse to pay an unapproved or excessive shifting charge. This would be considered harassment, and tenants can seek legal recourse.
What Tenants Should Do Before Paying Shifting Charges
🔹 Request a copy of the General Body Meeting (GBM) resolution approving the charge.
🔹 Check if the charge is reasonable compared to other societies in the area.
🔹 Negotiate or question excessive amounts before paying.
🔹 Report unjustified fees to the authorities if necessary.
Conclusion: Know Your Rights as a Tenant
While societies can charge shifting fees, these charges should be nominal and justified. If you are being asked to pay an excessive amount, you have the legal right to challenge it.
For more details on society laws, check our guide on Understanding Maintenance Charges in Mumbai Societies.
For expert advice on RERA-approved projects in Mumbai, contact Manish M. Mishra at Sheetal Property.
📞 Call: +91-8422999725
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