Co-operative Society cannot refuse to give NOC

 

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Co-operative Society cannot refuse to give NOC: But it it refuses, the applicant has the right to proceed against the Society in a Appeal. For such matters, it is better to engage a legal experts rather than doing with a shallow legal knowledge.

SOCIETY SHOULD DEAL IN A TRANSPARENT MANNER: The co-operative society is not to hide the functioning and decisions of the managing committee of the society from the applicant and should reply within 15 days time.

OCCUPANCY RIGHTS CANNOT BE REFUSED: The co-operative society cannot ordinarily refuse the occupancy rights to any member. But the Society is responsible to scrutinize all the documents and papers before allowing transfer of membership in the name of any other person.

Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal.

80. (1) No co-operative housing society shall ordinarily refuse to grant to its member permission for transfer of his occupancy right in the property of the co-operative housing society unless the transferee is otherwise not qualified to be a member :

Provided that nothing contained in any agreement, contract or the bye-laws regarding eligibility for membership stipulated therein shall apply to a nominee, heir or legal representative of the deceased member for his admission to membership of the co-operative housing society :

Provided further that aforesaid transfer in case of lease hold land shall be governed by the provisions of the perpetual lease of land.

(2) The decision of the co-operative housing society on an application for permission to such transfer shall be communicated to the applicant within thirty days from the date of receipt of the application.

(3) Any person aggrieved by the decision of the co-operative housing society refusing permission for such transfer may within thirty days from the date on which the refusal of permission is communicated to him appeal to the Registrar.

(4) The Registrar shall dispose of the appeal within a period of one hundred and twenty five days whose decision shall be final.

 

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54 Comments

  • Peter Pereira says:

    My mother in law who is 87 years old wants to sell her flat in Bandra(west) has informed her Society on November 21, 2013 her desire to sell and requested a NOC from her CHS. The office bearers have held a meeting on December 13 2013 and in the meeting has passed a resolution that she has to pay Rs.1 lakh only then a NOC will be issued besided there are three conditions that the society has stipulated for transfer a) All legal documentation and formalities to be completed by the member for sale of flat and transfer premium be paid to the Society i.e Rs.25,000/- . b) The flat will be used for residential purpose only. c) No structural changes will be allowed to be carried out in the flat. Informed the Society that the member should be formally informed in writing a) Acknowledge the application of the member dated November 21, 2013 for the sale of her flat and documents copies and NOC required by the member to carry out the sale. b) Agenda and Minutes of the meeting held on December 13, 2013. Please advice what is the course of action that my mother in law has to take to get justice. She being a Senior Citizen of 87years this has been a trauma and mental anxiety for her. Thanks – Peter Pereira

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  • Ajit says:

    What action can be taken on society committee members who demand money for extending leave and license agreement. The secretary and the chairman have forcefully evicted the family from one house. The owner was ready to renew the leave and license agreement however they pressurized the family and asked them to vacate the house.
    No action has been taken so far despite sending a notice to them from lawyer.
    All evidence is there and these people must be booked.The secretary demands 2 month rent to give NOC and said that as they are not getting salary they are demanding money from people.
    This incident happened in Nov 2013 and I have all evidence about this.

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  • sushil says:

    can society hold NOC for Bank to required for Morgage for bank loan it case of any dispute with flats

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  • Sylvester Rodrigues says:

    Society committee has resigned and now taken over by registrar. Now I want a noc is it required to obtain from the registrar?

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  • deepak patil says:

    sir i am a committee member of society. one member has applied for NOC of house loan and society has given NOC but bank reject that NOC bcoz bank says it should be in there format.is society bound to give NOC in bank format it is wrong or right?

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  • Piyush Kulkarni says:

    Can society give NOC to its member to take loan from his provident fund?

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  • Mohan says:

    I am staying at navi mumbi. I have applied loan from bank. As per their requirement society NOC and CIDCO NOC is required.
    Society refused to give me noc due to my dues unclear ( repair fund) actualy I am appling loan to clear my society dues because they are charging 21% interst.
    Request you help me for solution.
    Mohan.

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  • Jayant Shettigar says:

    Dear Sir,
    I reside in Mulund (Mumbai) , I am planning to sell my flat and parking lot to different buyer’s as the buyer of the flat does not own a car he does not want the parking space. I intend to sell the parking space to one of the tenants .Now when I am trying to get NOC from the society for the sale of flat the society has declined saying you cannot sell the parking lot to different person it has to be sold to the same person who is buying the flat . Is the society correct in their claim ? can they refuse NOC to me on this grounds? what right do I have ? please advise

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  • Vinod Kumar Sharma says:

    What is definition of legal hire. Is there requirement of succession certificate for transfer of membership where flat is yet to be allotted ?

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  • devendra mewada says:

    can society refuse to transfer flat for non taking NOC for sale of flat and if so can society demand indemnity bond for this

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  • sidesh deorukhkar says:

    hi , i want to sell my flat in pune where alredy society is formed and i required NOC form soceity but the soceity chairmen says that thier are 60000/- charges to be paid for the same , please guide me

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  • kishor ambekar says:

    noc format for registration of multistate credit cooperative society

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  • rishav says:

    Hi,

    i have purchased a resale flat few months back and asked society to provide NOC for loan purpose.We are also ready to pay Rs 25000 fee against NOC but society committee is asking foe Rs.50000 for issuing NOC.As per society they charge Rs.25000 for NOC and Rs. 25000 for development fee.As per committee they are charging to the people who are noe purchaing the flat (Re-sale) in the society.I refused them to pay development fee as there is no such rule as per my knowledge.Please suggest is it compulsory to pay development fee to get NOC

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  • ninad says:

    ninad
    My self and my elder brother hold a flat in coop hsg soc jointly as per nomination made by my father before death . Now my elder brother wants to withdraw his rights in the flat ; he wants to transfer the flat completely in my name . what is the procedure we should follow .

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  • kalpana says:

    Hi ; I have purchased a resale flat.owner was a nominee so procedure of getting succession certificate completed; paid half amount to the owner and as per my lawyers advice we did stamp duty registration of that flat.now we need noc from society for loan .but society is not giving noc to the owner in spite of he has paid amount for getting noc. According to the society doing stamp duty registration without getting noc from society was wrong procedure so they are postponing to give noc .now its more than six months.I m getting frustrated what should I do?

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  • Cynthia says:

    Hi, I have sold my flat to a buyer who has gone for Bank Loan. We have inherited this flat through will and NOC from my other siblings have been obtained. Bank needs an NOC from the society in their format. The society is harassing us by not accepting our application by giving various excuses. Hence I have sent my application for NOC via registered mail. Now they are saying our papers are not clear etc. and giving anything in writing. It is almost a month. Kindly advise how to go about it.

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  • Chiniot CGHS Ltd says:

    Hi,
    One of the Mananging committee members of our society in Delhi is a joint owner of the property with his mother. The first name of owner is the MC member. On account of his posting out side Delhi, he gave a General power of attorney to his mother i.e the associate member and the MC accepted and nominated as her as MC member. Some members objected saying that only the first name appearing in the ownership of property can be the MC member but not the associated member despite GPA given. As per DCS rules the associated member has no voting rights. Please clarify.

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  • Vikram Patgaonkar says:

    Hello,

    This question is regarding cooperative housing society. We have an apartment in a plotted cooperative housing society. The apartment is the main member of the society and the residents are nominal members. Now if one of the flat owners of the apartment wishes to sell his/her flat is it mandatory for the owner to obtain a NOC from the other residents of that apartment? Can the society issue a NOC only after the other residents have given their NOC?

    Can the residents sign an agreement within them which restricts them from selling the flat to an outsider?

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  • debapriya kar says:

    Hi,
    I am debapriya, my father owns the top floor of an appartment, water seepage is visible in our roof but no member of the appartment is ready to step in for any help. it is really important for you to reply. we are cornered.

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  • Ankush Shetty says:

    I am selling my flat and the buyer who has purchased wants to take a bank loan .Agreement, Registration has been done for the property .Since the property needs to be mortgaged to the bank by the buyer ,buyer needs a NOC to mortgage the property .But society is first asking to submit the transfer documents from seller to buyer and then they will issue the NOC of mortgaging the property to the bank.Normally the transfer is initiated once the seller receives the complete amount but my society is insisting first to transfer the property in the name of buyer and they they will give NOC. Request your help in this.

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  • Daisy S says:

    Hi, just wanted to check can a managing committee have their rule of issuing a bank NOC on a resale flat only if the transfer amount is paid by the buyer?

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  • Ron P says:

    the previous secretary had used lot of money from the society fund, has also built premises which is not a part of blueprint and is an external area from what was allotted to her, has a extra connection for herself for water, has not paid the tax, not paying maintenance after the society has been away from her hand, has not handed all papers and stamps during transfer, few members of the new committee were a part of all this previously. please advise what needs to be done as cannot trust any members of the new committee as well as the legal advisor(lawyer) as he is has been with that committee and majority members of the new committee have agreed to keep the same lawyer as he charges penny in front of the other lawyers. hence cant trust his intentions behind charging almost 90% less than the market price including accounting, legal advisory and audits. please let me know what can be done?

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  • Ron P says:

    I wanted to check can a secretary’s husband attend the committee meeting instead of the secretary or in her presence, few people in the committee have an objection towards it. he does not have any kind of documents like joint, authorized officer, etc. what is the procedure a committee needs to follow in order to ensure this person who is not a part of the committee does not interfere with the society affairs as he is not letting the society progress and looks like is behind the funds only, especially so that he is not a part of the committee meetings as when we keep saying it verbally and few members try to say its fine since the wife is uneducated and does not know anything, apparently she was elected as she was a old member and we thought she was aware about the issues and background of the society and the building and all the other members are fairly new who have purchased the flats in the last 2-4 years. but it is legally not correct that he should be allowed to attend the committee meeting. can 1 member(minority) object the same? can we give a letter in writing to the chairman or secretary so that we have a proof for further course of action? what if our appeal is not heard by them? what action can we take then? By the way we are part of the committee.

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  • ABID Shaikh says:

    I need NOC for Gumasta license to run business from home for T-permit car. And the request is declined by the society please suggest some solution

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  • Prashant says:

    My shop is in malad svroad we have one agreement mutual between my mother and my aunt.now we have divided the shop in half so one part is with my aunt and other is in my possession. I required a individual electric suply for my shop the maintenance rec is only one we get as we have joint agreement now I need to resolve this problem kindly give suggestion n help

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  • biju says:

    my society is not giving me letter head, i wanted to issue n.o.c for my airport job

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  • Neha says:

    I live in a co op society the flat is in the name of my husband and he is out of india I applied for passport . Now police want Noc for passport .but society deny me for giving certificate . Society told me that I will not get noc till my husband come in society and say . What to do . I have my Andhra card pan and marriage certificate than also society not givin me noc even I m no mine in said flat

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  • DEAR SIR,
    i AM CHAIRMAN OF MY SOCIETY AT KALYAN. ONE OF THE MEMBER IS ASKING NOC FOR HOSPITAL IN RECIDENTIAL BUILDING AT FIRST FLOOR. CAN WE GIVE NOC

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  • Sadanand Patel says:

    I stay in Saptarshi chs in virar west , due to sm financial issues I hve maintenance due in the amt of 15000 which I am trying to pay slowly & gradually .. I need a NOC , my society committe is not ready to issue a NOC , they hve asked me to pay the outstanding balance & then they will issue me a NOC , The NOC is req for Passport … plz guide me as to what is the solution & how can I get a NOC

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  • Uttara jadhav says:

    I applied for loan on my flat.so i wanted noc from my society but society told me that I have to submit my previous release deed i do that but now they told me that they have to submit the amount and the name of the bank on100₹ stamp paper and then they will give me the noc. Pl.help me. Uttara jadhav

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  • Pamela dev says:

    My society genral sec has asked for 50000 loan from all members. This is in delhi. I want to know if the society is permitted to ask for such loans. They are already taking 2500 per month. The president is also askinb gor a penalty from people who are not paying yet. Pls help and reply if thix ix permitted.

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  • Daljeet says:

    Hi pls suggest about noc society had refuse to give the noc becz my father had taken some personal loa from padhpetty sum amt 2 lakh.the bank had given one letter to soceity that do not gove noc to them once my dues is clear. My question is is padhpetty has got right to do this and socitey had now refuse to gi e me noc becz of this.
    I have paid all my maintenance dues are clear and uptodate. Its just a personal loan and now they are demanding 3 lakhs to pay becz tbey know now the flat is got sold and we can get some good amount.. socitey and padhpetty both have trouble me lot.. my father is in serious tenshion and hospitalizes becz of this…pls suggest what action we can take on socitey and padhpetty.

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  • Mr.Singh says:

    I don’t want to become the member of the CHS with an intention that I don’t want to see any roadblock such as asking for an NOC (required by Bank) from the CHS or Secretary for selling it to anyone.

    Please help me find answers to below questions:

    1. Can I stay away from the CHS membership (refuse to be a member of CHS) to avoid such roadblocks (like depending on their or Secretary’s NOC)?

    2. Is it possible to be in the same building without being a member of the CHS? Will there be any issues if I don’t become a member of the CHS?

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  • surit pal says:

    I have a flat in parel my mother is nominee and wanted to transfer in daughter in law name I being son and legal heir raised objection can society still transfer the flat in her name.

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  • vive kadam says:

    one of our society member given a letter to society regading NOC for his son about Licence
    for start tour & travels business.

    Shall we given the NOC to his Son for Star Tour & travels for commercial puspose in residence. ?

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  • Rekha says:

    Society not giving me permission for the renovation of my own house pls suggest me what action can be taken against them

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  • Amol Deshmukh says:

    I Have flat in Navi Mumbai at Kamothe. Required one NOC to transfer my existing loan to other bank, hence have given application to our society chairman for NOC letter. However due to non finalization of maintainence charges as per AGM called. Our chairman has circulated bills as per their own decision and now they are forcing me to pay the maintaience first then only they are going to issue NOC of mine.

    Note:- Maintainece which was not acceptable to me because the bills was circulated is not as per AGM of socity.

    Now our chairman is forcing me to Pay the maintaince charges first then only he/she is going to issue NOC to me..

    Please confirm how i will get the NOC from our society chairman.
    NOC is very urgent to me for some bank work..

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  • Nishu says:

    My society is running with provisinal committe and the tenure is expired is the committe legal to operate function of society further and secondly the society has passed resolution for signing the cheque for tranaction of society expense by any two signatory without informing the chairman and also boycotting his signature in the cheque without intimating chairman is this legal or can it be challenged to thejoint registrar pune

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  • prakash D says:

    I am from navi mumbsi,Foi cidco transfer of indual flats,society first asking for Rs.25000/- from first party and additional Rs.40000 /_for second party for Cisco transfer and ownership..As a second party,I already paid Rs.25000 & Rs.40000/_ respectively.Agiain they are asking for Rs.17000/_ which I assure to pay by April 3017,but chairman and secretory send me a notice stated that if the amt not paid by 31st Dec 16,they charge interest a@ 3.5%..Which I am refused to pay interest and ask them,if they will not wait till April 17,then do not procedure my doc’s fir further process and get back my both amount which I paid for transfer .,b’ se this is induale work,then why they are charging interest for that..Pl guide me.

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  • Mohamed Hussain says:

    I have recently bought a flat at Vasai East. Its a Resale Flat, Society is registered in the month on July 2016.
    Agreement for Sale is exceuted on 19/12/2016, however the society is denying to give NOC for Bank Loan, and they are saying that they cannot issue NOC because they have not taken the HAND OVER from the builder..
    Please guide me in this situation.

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  • Sanjay Radaye says:

    I stay at Dombivli (W) in a Co-op Society, i want to know whether Managiging committee members in their meeting can take decision of charging NOC charges from the members of the society or whether there is any provision in bye laws of the society whether society can charge NOC charges from the members who is going to Rent out his flat or Selling his flat?

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  • Sandeep Chaskar says:

    I staying in thane. I am going to change my home loan my existing bank to new bank. I have requested to our society chairman/secretary about noc for new bank as per bank format.they not ready to give noc because they saying we already given noc for existing bank. Also I provide to society noc from existing bank for transferring loan to new bank. Please advice how to get noc from society.

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  • Jitendra says:

    Hi I have purchase property in Dombivali west. I complete my all formalities. e.g. sale agreement & all banking process. Given society charges also. But now society refuse to give me NOC in bank format. Please advise what is the legal action will taken against society.

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  • Abhijeet Kamble says:

    My father is willing to transfer the bank home loan from ome bank to other and for that NOC is required from society committee members and they have provides the same but due to some mistakes in letter there was overwritten on it and a clear explanations was provided below with the sign of secratary, so my question is will they (bank) accept the noc which is overwritten plz plz rply

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  • Rupam Dev says:

    We are planning to buy a re-sale property in Delhi NCR. We came to know from broker that the buyer has to pay NOC to the society. We require authenticity of this information?

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  • Sachin Jesse says:

    Sir , i want to sell my flat and so I have paid all the dues as asked by the society chair persons with lavyed Interest on the dues Amt and was promised as will issue no dues letter on receiving the payment but after doing payment I have not received NOC as the committee members as well other members refused to issue the letter instead asked for more money as If require NOC which has no legal explanation, advice as what has to be done now , require your advice / help.

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  • my father left a will(“will” was prepared by a Lawyer but without taking signature of any witnesses) where in he stated that flat be transferred in my name. but the will was not registered. The Main Committee of Society agreed to accept old “WILL” but Adhoc committee refused to accept the same and they are asking me get new NOC from my siblings. what is your opinion in this matter.

    I have made a “NOMINATION FORM NO 14” in which I have taken the signature of my Father and Signature of my brothers as witnessed also. do you require a stamp on this nomination form.

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  • Nayan shah says:

    I m purchasing a flat but I have started renovation work befor sell deed n now society is not giving noc what should i do society is asking to do notri on 100rs bond writhien dat der should be no change in windows n door possitionsafyer sell deed also or els socity will have all right to take legal action on us should sign such notri documents n give it socity or is der any other way to get noc plz reply me asap
    ?

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  • Vinod Ram says:

    Dear Sir,
    A flat owner in our society, has never turned up in last 25 years and the flat was occupied by another person till date with Non-occupancy charges being levied. Now the owner has sold the flat to the same tenant. All registeration, stamp duty formalities have been completed. But when the documents have been submitted to the previous committee, they declined to do that for some reason, that why did the owner did not communicate to the society and has not paid visit to the society in so many years. The owner is already a registered member of the society and has the share certificate in his name, but does not possess the original agreement between the builder and himself. He had a photocopy of it which he has already submitted to the society with all the transfer document. Also he has given his proof of identity and address to the society with declaration about the missing original aggreement ona stamp paper which is notarised.
    Can the society in this allow the transfer to happen or not.
    Kindly help..

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  • Vinod Ram says:

    Dear Sir, thanks for the feedback.. Society has already checked all the documents. The buyer and seller have also been introduced to the committee. But one or two members are challenging the transfer only because the seller did not coordinate with the society for years and only while transfer process is visiting the society office. Is the current committee liable to hold the transfer for such challenges.

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  • Rajesh shinde says:

    Dear sir/madam.
    Six months back by son hd an accident with bicycle n gt a surgery (rod n plate fixed for a year)so Dr. suggest tat dnt allow bicycle him till 6mnths so we requested society to keep cycle in the passage fr 6mnths they gv permission n after 2mnths they put penalty of 1000rs/month n we requested them again bt won’t permitted. coz my son is small and he will get tempted to ride it we didn’t kept cycle down so they continue the penalty of 1000rs. nw we wanted the NOC for the passport n they are nt giving it. N saying that clear the penalty due’s 1st then we will give you NOC.in monsoon we can keep the cycles in passage bt u hv the valid reason yet won’t. What can I do please help me.

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  • Rahul Gupta says:

    Hi, I am having a flat in co-orporate housing society. I had submitted papers of duplicate papers of flat and application on 15 July 2017, on 3 Aug I received society membership share certificate. But now, they are refusing to give Noc and putting false dues on us. Kindly help. Need to have Noc asap.

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  • utkarsh gupta says:

    plz provide with a judgement regarding the same issue.

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  • B.Das says:

    B.M.Das writes that Society demand for maintenance charge is kept hanging as RCS has not fixed up an Arbitrator since 2006 .
    As per Tribunal,s order in 2006 relief for non providing the services / facilities under maintenance charges were not given by the Soc iety . Society is not g Irving NOC duly applied in 2000 . Pl advise to get NOC & curative measures for delay in the act ion of RCS

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