Noc for home loan & copy of lease deed
Sanjay
(Querist) 02 April 2014
This query is : Resolved
Dear Sirs,
I am Sanjay, residing in & bonafied member of conveyance CHS in Mumbai.
Sir, I had given application letter to Society on 25th March demanding copy of "Lease Deed" & "Home Loan NOC Format" to transfer my existing loan to new Bank (only NOC required by new Bank).
Society took committee meeting on 31st March.
Now Chairman says that Society dont want to give me NOC & Lease Deed & not provided reason.
I would be asking for copy of Minutes in which they decided asking for reason &
I can write to Dy.Registrar for lease deed copy & NOC but is would be time consuming as my loan is already sanctioned & bank could not wait for long time.
Sir, My query is whether Society is bound (as per law) to give me NOC ?
And is there any way to these two documents very soon & quickly ?
Dear Sir, kindly help me.
Thanks in advance.
ajay sethi
(Expert) 02 April 2014
society wont give NOC unless you repay your old loan . the reason is society must have given undertaking not to permit creation of any third party rights unil loan is paid .
you are entiled to copy of lease deed on payment of charges . complain to dy regisrar against society
Sanjay
(Querist) 02 April 2014
Thanks for your help Sethi Sir.
The NOC format is provisional in which mentioned that
"Society will provide NOC after receiving existing loan closer letter from existing bank"
on basis of this provisional NOC letter new bank will disburse cheque to existing bank with oustanding amount & I'll get loan closer letter for society.
This scenario explained to committee menbers.
Thanks.
ajay sethi
(Expert) 02 April 2014
then society should issue NOC .
ask society to give in writing the reasons for failure to give NOC
R.K Nanda
(Expert) 02 April 2014
no more to add.
Rajendra K Goyal
(Expert) 02 April 2014
well advised by the expert ajay sethi ji, agree to it.
Sanjay
(Querist) 03 April 2014
Good Morning Sir.
Thanks for your valuable guidance.
Yesterday evening I met Secretary & asked for acknowledgement copy of application letter I had submitted on 25th March which he had committed to give me in 2-3 days time after following up for yesterday he still says that he'll give later but I think he is avoiding acknowledgement of letter. It is actually refusal of accepting letter but I was alone hence could not prove refusal.
Anyways I would be sending that letter with same dated by Register AD by Saturday or Monday.
Thanks.
I would be sending
R.V.RAO
(Expert) 03 April 2014
yes. make a written complaint to the registrar of societies against your society.
unless NOC is first produced to existing bank, they cannot transfer loan to new bank.
you can also give it as news item in a local news paper.media intervention will freighten the wrong doers.
Sanjay
(Querist) 04 April 2014
Thank you all of you for your valuable guidance.
As I said I would be approaching Dy.Registrar in this regards.
But I heard from some people from society that Dy.Registrar office does not responds to our queries & takes many months or years even after many followups. The same may be case after escalating matter to upper level.
Any tips to get faster response from Dy.Registrar to get the letter for society.
Thanks.
R.V.RAO
(Expert) 05 April 2014
involve local media persons .society officials will be afraid as they are wrong doers.
address the registrar/dy.registrar by e mail for an online request for intervention.
Also address a copy to Consumer Coordination Council (CCC)
NITS Complex
A 20-21, Sector 62
NOIDA - 201 307 (UP)
Tel: 0120-2404273
Email: director@core.nic.in
Website : www.cccindia.co
Sanjay
(Querist) 05 April 2014
Thank you Rao Sir.
Good & useful information.
I'll do that.
Sanjay
(Querist) 05 April 2014
Dear Sirs,
Today I have send 1st application letter to Society by Register AD & will wait for 7 days to send reminder letter.
I have also asked for Minutes of Committee Members Meeting in which they decided / resolved that not to provide any document to me.
Sanjay
(Querist) 05 April 2014
Thank you Sethi Sir.
R.V.RAO
(Expert) 05 April 2014
you are welcome.
Devajyoti Barman
(Expert) 05 April 2014
Against such refusal you can lode complaint with Registrar of cooperative society.
Sanjay
(Querist) 07 April 2014
Thank you Barman Sir. Good Morning !
I was not having any society member with me that time. So don't have proof for refusal.
Society will receive letter sent by me by Registered AD today noon. Waiting for acknowledgment of letter.
Sanjay
(Querist) 16 April 2014
Dear Sirs,
Update-
Yet no reply received from Society & they still denying to produce required documents.
Sending reminder letter Society & CC to Dy.Registrar.
Hope below address is correct,
The deputy Registrar of Co-operative Societies,
Mahada Building, Gruhanirman Bhavan,
Room No. 369, 2nd Floor, kala Nagar,
Bandra (East), Mumbai – 400 051.
Thanks.
ajay sethi
(Expert) 16 April 2014
send another reminder By Regd Post AD .
if you so desire issue legal notice to society .
Sanjay
(Querist) 16 April 2014
Thank you Sethi Sir. Will wait for few more days before sending legal notice.
Today I had send reminder letter to Society by Register AD & personally visited to Dy.Registrar office but due to election nobody was there to received/acknowledge letter, so will be sending tomorrow by Register AD.
Whether Dy.Reg is available on email so that I can follow up easily ?
If yes then can we communicate with them by email or is it valid.
Thank You.
Devajyoti Barman
(Expert) 16 April 2014
Check with registrar's office whether they respond e-mails.
Sanjay
(Querist) 21 April 2014
Dear Sirs,
Update-
Today I had sent separate Letter Dy.Registrar.
How many days I should wait before sending letter to
District Registrar,
Mumbai District Co-operative Housing Federation Ltd
or any other upper body ?
Thanks.
Sanjay
(Querist) 21 April 2014
Dear Rao Sir,
I had sent mail to Email: director@core.nic.in
(Consumer Coordination Council (CCC))
on 19th April seeking guidance from them & waiting for reply.
Bank is following up with me for documents & said that won't wait for much time.
Any other ways to get documents faster ?
Sanjay
(Querist) 22 April 2014
Dear Sir,
Can I write to any other authority to get response faster ?
Thanks.
V R SHROFF
(Expert) 22 April 2014
Why any member expect that office bearer must spare time any day & every day??
All communication to be decided by Mg Committee meeting held only once a month..
They can't call meeting to decide any NOC, every alternate day..
It is free & hon service. cannot harass & disturb Society members every now and then..for your personal whim and work.
Minute books are not written daily, it is monthly..
Do not expect immediate response.
They are not paid servant working daily....
Any Letter recd is put before Mg committee, on meeting date, and if decided, will be signed on behalf of Mg committee later on and despatched.. Everything takes time..
DO NOT EXPECT FAST RESPONSE. THEY CAN'T CALL MEETINGS URGENTLY TO REPLY OR PASS NOC..
Sanjay
(Querist) 23 April 2014
Thank You Shroff Sir for your advise.
I agree what you are saying.
Sir, I made application on 25th March & to discuss my application Committee Meeting was held on 31st March, in that they resolved that not to provide any of the document to any of the member.
I have also asked for minutes copy but they dont provide me.
I met all members, out of 5 members, 4 member says that actually I should be provided with required documents but only Chairman who is denying & other committee members are helpless to pass such resolution.
Sir, Bank is asking for documents to disbursement or else will cancel loan.
I had paid Rs.25,000/- as processing fees which is not refundable.
R.V.RAO
(Expert) 23 April 2014
involve the local press/ media or tv.at least telephonically call them and discuss the harassment by society chairman.convey your financial loss of 25 k.
Sanjay
(Querist) 26 April 2014
Thank you Rao sir. Trying to contact local press.
Sanjay
(Querist) 26 April 2014
Dear Sirs,
I had sent letter to Dy.Registrar, 269, 2nd Floor, Mhada Bldg, Grihnirman Bhavan, Kala Nagar, Bandra-East.
I am checking address of DDR but got confused.
Can you guide me with address of District Deputy Registrar for my area at Vikhroli-East-Kannamwar Nagar-Mumbai-400083.
May be one of below,
The office of the Deputy Registrar Co-operative Societies,
(Shri. Milind. P. Sobale)
N-Ward, 3rd Floor, Konkan Bhavan, Belapur,
Navi Mumbai, Mumbai - 400 614.
District Deputy Registrar of Co-operative Societies, (I)
(Mr. Chandrakant V. Tikule)
Mumbai City – I, Malhotra House, 6th Floor,
Opp. G.P.O., Mumbai - 400 001.
Sanjay
(Querist) 30 April 2014
Dear sirs,
Whether Society is bound to form "Grievance Settlement and Redressal Committee"
if yes, any timeframe ?
if Society does not form such committee then ?
any other important points on above.
Thanks,
R.V.RAO
(Expert) 30 April 2014
refer the provisions of the governing act under which your chs was formed, to verify if such a committee is binding in a chs to be constituted.
if it is binding in the governing act , to form a redressal committee ,your chs byelaws need to be amended to form such committee.
if the governing act is silent about such a committee,and if your chs byelaws are also silent on the issue, none can demand for forming such committee.
Sanjay
(Querist) 20 May 2014
Thanks Rao Sir for information.
Sanjay
(Querist) 20 May 2014
Dear Sirs,
I met / consult concern person in Dy.Registrar's office shown him letters that I have asked for
1) Copy of “Lease Deed” of our society
2) Copy of Minutes of Meeting of Committee Members
3) NOC for Bank Loan as enclosed with this letter.
& concern person told me that
1) I can only ask for "Copy Minutes of Meeting" from Society
2) I cannot ask for "Leased Deed" from Society as this is not related to me & suggested to write to Eastate Manager to get Leased Deed)
3) For bank loan "NOC" its up to society to whether to give me NOC or not, rehistrar office cannot do antthing in this
I feel like "failure" without any of my fault & dont know what is to be done.
Please please suggest.
Sanjay
(Querist) 27 May 2014
Sir,
Please suggest
Sanjay
(Querist) 14 June 2014
Dear Sir,
Dy.Reg. issues letter to society (8 days back) to provide me documets as per 32.
But society still says that they will not reply or provide docs.
