For passport verfication, under housing society law.
BANDISH
(Querist) 27 November 2014
This query is : Resolved
Dear Sir/Madam,
i bandish kothari, living in mumbai,
some time for now, we get meeting with society secretary & chariman. my wife has applied for passport & she get verification of police, she required noc from society,
My society is saying that as per society rule if member has unpaid due of society.
he will did not get noc from society, & she is not member of a society.
please help in this matter
bandish kothari 9146716707
ajay sethi
(Expert) 28 November 2014
you should clear society out standings . society can then issue letter that member is staying in said flat with his wife for _____ years
Isaac Gabriel
(Expert) 28 November 2014
Police verifiction pertains to the antecedents and character of the individual,and it ha no business with the society.Police is not adopting the rquired procedure.
ajay sethi
(Expert) 29 November 2014
in mumbai police insist on letter from secretary / chairman of society whether person is staying in society or not
Guest
(Expert) 29 November 2014
Face it Legally.Secretary or Chairman of Society can not Deny the Facts of their Staying just because of Arrears Left.You could very well sue them if they give any Wrong Information.What ever be your dispute try to sort out amicably Or Consult a Good Advocate.If they deny your staying there File a Suit and Claim good Damages.
Guest
(Expert) 29 November 2014
Send a Notice to the Secretary in advance before the Police Verification Could Come so the reply could be accordingly.
Anirudh
(Expert) 29 November 2014
I totally agree with the views of Mr. Ajay Sethi.
Society cannot be asked to do things against its own rules. If one of such rules states that NOC cannot be issued in case there is any unpaid due against a society member, the Society will definitely refuse to give such a certificate.
One cannot try to take help from the society but at the same time refuse to clear the outstanding dues!
Sending legal notice or suing the Society will not fetch you immediate results, which you require to get clearance for the passport.
Isaac Gabriel
(Expert) 29 November 2014
The society is having various means ie.disconnecting water supply,elcricity and statutory procedures for collection of the arrears.But,the police verification for address proof does not mean as such.If it is the case,you can take the matter with higher authorities for enforcing extraneous ways as it amounts to harassment.
Guest
(Expert) 29 November 2014
Well advised By Learned Expert Mr.Isaac Gabriel.Expert being Experienced has its own Value.
Guest
(Expert) 29 November 2014
Non Payment of Dues are No way Connected to acknowledging the Residence proof.It is also Illegal to refuse or deny the same.If the Resident who had Not made such payment happens to be Criminal Wanted by Police whether the Society would say he is a non resident there.Whether he would be Treated as Anonymous
Anirudh
(Expert) 29 November 2014
I do not agree with the views of Mr. Gabriel - regarding disconnecting electricity, water supply etc.
That's what I said, if anybody wants to take up with authorities, they are welcome, but that will not serve the immediate purpose of the person concerned who wants NOC from the society for the purpose of passport/police verification. Nobody can suggest to the Society, which means to adopt. In fact, the Society after deliberations, has adopted the means of not-issuing NOC to a defaulter. That is its right. A defaulter in paying of society dues cannot complain that the society has not issued NOC in spite of his default.
If any one is criminal, whether police will seek any NOC from the Society?
Guest
(Expert) 29 November 2014
In PssPort Clearance Police only Insist on Residence Proof with No Criminal Cases Pending.Default to Society may be for Various Reasons for which the Society can not refuse Or deny the Proof of Residence.My Question is if the Resident being a Defaulter who is a Criminal Wanted by Police will the Society would refuse to acknowledge the Residing of the same.More over there is No question Of NOC.NOC only for Criminal Cases Pending to be Issued By Police Only.The New Rules are being introduced by some people who are not Clear with Facts which may misguide the Querist.Later these sort of People would say Clear all your Debts ,Clear all your arrears to Land Lord, Clear your dues to society for Pass Port Clearance.
