Co-operative society failed to give NOC and share certificate

The Thane district’s additional consumer dispute redressal forum recently penalised a Navi Mumbai co-operative housing society for harassing one of its residents by failing to provide him no objection certificate (NOC) and share certificate.

The complainant had to pay an extra Rs 7,626 per month from October 2010, as he had not been provided the required documents. The forum directed the society to pay the excess amount which the complainant had to pay.

The forum also directed the society to hand over the required documents to the complainant. It also asked the society to pay Rs 10,000 each towards the complainant’s mental agony and litigation cost.

The complainant, Bhojraj Dongre, a resident of Vighnahar Co-operative Housing Society, Kharghar bought a flat in the society after seeking a loan from LIC Housing Finance and sought an NOC from the society for the purpose of the loan. And the society provided him the NOC.

However, Dongre later realised that he would get a loan from another firm at lower interest rate, and so he again approached the society and requested them to give him his share certificate and an NOC for the same. The society, however, refused, claiming that as per rule it couldn’t issue a second NOC.

Aggrieved, Dongre approached the consumer forum in April 2011.

The forum, after going through the evidence brought on record, ruled that as the society was taking maintenance amount from the complainant on a monthly basis, it was its duty to provide him the required documents. The society, by failing to do so, had failed to provide necessary services to its residents, the forum ruled, and ordered that it compensate the victim.

Co-operative society failed to give NOC and share certificate

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12 Comments

  • Rahul Anil Rajmane says:

    want to talk with you I have similar problem related NOC. I applied for NOC since last 1.8 years but till today I didnt received same. I am ex secretary of same society & existing secretary is saying that few society documents are still lying with me which is wrong. Even I sent communication to them asking missing documents as well but no answer to them.. I paid NOC charges in January 14 along with my resignation application. Because of this delay I missed two deals as well.

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  • sanjay says:

    Dear All, I have one query…. I have a shop in one of the hsg society & now it has been sold for which I requested society to provide NOC. I do not have any pending dues to society but there is one legal matter pending in court about misuses of commercial water in 2013. Now society has denied to give me NOC due to pending case. Is the step taken by society is correct?

    Thanks in advance

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  • Apurva Shukla says:

    Can society deny NOC for pass port police verification, due to nonpayment of certain Society dues/Maintenance?
    My society is denying me an NOC for this.
    Kindly advice. Thank you.

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  • Jacky Makhija says:

    Respected sir,
    I am a resident of Thane, Mira Bhayandar and Have sold a flat recently. The buyer wants to get the loan approval for the same flat, as per the bank procedure bank requires a NOC from the society. As I approached for the same to the Secretary he stated that you need to pay transfer money 25,000/- as well as a donation amounting 35,000/- then the society will issue the NOC. Kindly guide me how to proceed as it is wrong to take forceful donation from us. I read it in the bye-laws.

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  • Sunilvshelke says:

    If NOC is taken from society for x person but agreement has been done with y person without taking fresh NOC in the name of y.Even y who has done agreement but not given application for society member nor transfer related document procedure has been done with Cidco transfer. What should be society take next step to go further. please advise.

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  • rohit oswal says:

    Rohit Oswal..I m from pune. .nirmal nagar co operative housing society.pune 37..I purchase my flat in 2010..I demand noc from society ..for loan..chairman blackmail me to pay excess amount 75000 for transfer..I have send cheque rs 25000 to society chairman but he returned it to me…He blackmail me tat ..Wat u want to do …He tell I have political power n u have to pay excess amount ..from 3 year I have send many letter to him. .but no response. ..

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  • Satyam Thakur says:

    Sir I can buy one flate in Ellora co operative society in Vapi Gujarat now I want share cirtificate on my name then no buddy can take responsibility for giving a sign on cirtificate so what can I do can you pls suggest me what action I will take

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  • Bifurcation of Joint allotment of 2 separate adjoining Flats and Issue of second set of Shares
    During formation of Society in 2000, I had purchased 2 nos. I BHK flat, in Sayali CHS Ltd. (Airoli, Navi Mumbai, Maharashtra). I was given single allotment letter by my Society (6th Jul 2000) for both flats. Later, on 1st May 2003, only 1 set of share certificates towards my membership was issued.

    Today, I am in deal(s) to sell off my 2 flats individually to 2 different buyers. I have written to my society to
    (a) bifurcate my allotment letter to clearly identify my 2 flats separately (originally society made joint allotment and hence Society has powers to bifurcate) and
    (b) issue me another set of share so that I don’t have any problem in title for the 2 separate flats.

    The objective is to secure individual set of shares for each flat, which is a prerequisite for my Purchasers who are applying for Loans. My Society’s Chairman / Secretary are neither issuing bifurcation certificate for joint allotment nor second set of shares (because of ignorance of law and feel that they may be doing something incorrect).

    For additional information.
    Both flats are independent and separate. The As built approved NMMC plan also identifies 2 separate flats
    Society is raising maintenance bills separately for each flat right since possession date of April 2002
    Both flats have independent Electricity meters

    Please advise, so that my Society’s Chairman and Secretary are convinced

    In case of any other clarifications, please feel free to revert. Matter is urgent. Kindly revert at the earliest.

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  • Karuppasamy Gnanaguru says:

    I have applied a transfer loan on sbi last year. In that yime i have probided the NOC. But unfortunately due to valuation it is rejected. I have not received the old documents. Now i am applying for fresh transfer loan on same bank. But the society is refusing to provide the NOC stating that it is already provided last year. They are asking the old document. Pls guide me.

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  • nivas s nanaware says:

    can society has the right to object to clause in the NOC format provided by nationalised bank, how it is possible that other rest of the society do not have any problem with the NOC formaT provided by nationalised bank and some does, even bank showed the NOC format filled and signed by the registred co op societies, where and how to seek immediate help pl guide

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  • Pravin Gedia says:

    Dear Sir,
    At the time of registration of the society the builder make the share certificate & some certificate ( along with counterfolio of share certificate) is kept in the custody of land owner (because some of member past due is pending at the time of chawl system is there), now that member is demanding the share certificate from committee on the basis of that member is paid the the soc. Maintance , land owner have no right to kept share certificate.
    The member is request to us we issue the fresh share certificates.
    So, Kindly suggest society have right to issue the fresh share certificates of those members.

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  • Salim Bhatkar says:

    I PURCHASED A FLAT IN March 2017 taken a loan wagainst flat my property documents submitted to HDFC BANK But Share certificate name transfer from seller to my name but society not given me back share certificate they ask me your loan paid then we give you share certificte

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