Society adamant in giving NOC

The Society generally can not refuse. It happens only when your approach is verbal. There may be another reason of not giving some cash for welfare of the Society or for donation for the welfare of a Mandir or children welfare etc.

Society adamant in giving NOC because of several frauds happening in India. People prepare fake documents and the management of the Society is not expert in screening such papers. Therefore, to cross check such documents from various sources the members of the committee keep delaying the matter many days and this irritates the applicant.

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Section 118(9) of the DCS Act, 2003; clearly specifies that,

” If committee fails to dispose of application within the period prescribed in Section 91, the committee members responsible shall be liable for a penalty of Rs.10,000/- and in case of continuing breach, with a further fine of Rs.100/- for every day during which the breach is continued after the expiry of the prescribed period.”

Section 118(10) of the DCS Act, 2003:

On conviction, a member of the co-operative society shall be debarred from contesting election of a committee for a period of six years.

 

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3 Comments

  • Vikrant says:

    Thanks for all legal clarity given here, I would like to know about one of my dispute: I purchased reserved CAR parking 10 years ago, after purchasing the flat from the same person. I have only agreement to sell of this parking..this parking was not included in flat sale-deed hence having seperate “notrised agreement to sell”. Now I sold my flat but this purchaser refused to take parking. Suggest the way out as society has refused to give NOC on my application and demanding my parking legal paper.

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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 and let me know what is the exact rule and how should i go about it as without NOC Bank loan will get stuck.

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  • Yatin Khanna says:

    Hi
    My sister is an NRI and purchased a freehold property for her parents in Dwarka….The registry is complete but the original owner isn’t giving her the NOC due to which society management isn’t allowing parents to enter the society for last 1 month.parents are senior citizen and my mother is cancer and father a heart patient….Can you please tell what to do.The society where she has purchased is a group housing society

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