Harassment by housing co-operative society.
Chaitali Chatterjee
(Querist) 31 March 2014
This query is : Resolved
My father constructed a house in a Housing co-operative society at Kolkata. My father expired 3 months back and now my 70 year old mother is alone in the house. I am the only daughter and I am married and stay outside West Bengal, hence we have decided to sell the house and bring my mother to stay with us. The land is leased to the members by the society, however the houses have been constructed by the members individually. We have appealed to the society to make early arrangements for transfer of membership as a buyer is already ready to purchase the property. My mother has also urged them number of times to do something as she also does not want to stay there any longer. The committee members are not taking any step and they are delaying the matter unnecessarily. They do not respond properly when we call them and ask for updates.
My father had applied for sale of house and transfer of memebrship in the year 2012, to which they did not respond and kept the matter pending for no reason. As I stay outside I was also unable to follow up on a regular basis. When I asked them to reply a number of times in the year 2012 all of them resigned and there was no committee for more than a year. We followed up with the DRCS and 4 months back in Dec, a new commitee was formed. However my father expired in Dec 2013. Now we have to sell the house as we no longer can stay there.
They have not replied to our application which my mother and I made 2 months back for sale of our house. We have a buyer who is ready to purchase the property and has applied to the society. The commitee have come up with something new. They say that during my father's tenure as secretary in the 1980s a loan was taken by the society from a Govt organisation. Some part of the loan is yet to be paid. They informed us that as the loan was taken during my father's tenure as secretary in the 1980s therefore we will have to sign a bond that whenever required we have pay that loan amount to the society and the amount is 9 lacs. If we do not sign the bond they will not allow transfer of property. This loan was issued in the name of the society and not my father's personal loan and me and my mother have no clue about the loan.
We feel harassed and it has taken away our peace of mind. They are now forcing us to sign a bond that we will pay the amount whenever asked for or else sale of house will not be allowed, however they are not giving the same to us in writing.
Devajyoti Barman
(Expert) 31 March 2014
NOC of society is not mandatory to sell your property. U=You can sell the flat in absence of it ans the sale will be valid one.
If loan was indeed taken then you father is liable to make the payment.
Chaitali Chatterjee
(Querist) 31 March 2014
The loan was taken by the co-operative society and not by my father. My father was the secretary at that time. My father is no longer alive and we have no information about the loan.
Chaitali Chatterjee
(Querist) 31 March 2014
The loan was taken by the co-operative society and not by my father. My father was the secretary at that time. My father is no longer alive and we have no information about the loan.
This loan was taken by the society in 1980s and now when we decided to sell the property the question of loan suddenly came. All these years no one informed us about this. My father left the secretary ship in the year 1994. After that many committees were formed.
Devajyoti Barman
(Expert) 31 March 2014
Ok, sell the property. As I told told sale without NOC of Society is very much valid.
Rajendra K Goyal
(Expert) 31 March 2014
Don't sign such undertaking / any such document.
You can sell it without NOc as advised by the expert.
Chaitali Chatterjee
(Querist) 31 March 2014
Thank you for the reply Devajyoti Barman and Rajendra K Goyal, So how do we carry out the formalities as to selling the house without approval from the society. The society informed us that NOC is must and also secretary and chairman's signature is mandatory during sale and transfer of membership..
Guest
(Expert) 31 March 2014
Well advised. Loan as secretary of the society for the use of society cannot be considered as loan of your father and liability of your father, as individual or his heirs.
ajay sethi
(Expert) 31 March 2014
nOC is not mandatory . however if purchaser is insisting on NOC and society is refusing to give NOC complain to Registrar cooperative societes in this regard . society cannot refuse to give NOC on fimsy grounds . loan if any was taken by society and not your father .
you can contact Mr barman in this regard for legal assitance . he is from Kolkata only
Chaitali Chatterjee
(Querist) 05 April 2014
Can I file a case in consumer court as the co-operative society is deficient in service with regards to transfer of our share? inspite of repeated requests by my father for allowing us to sell the house they did not take any action and now when my father is no more they are doing the same thing with us. My father first applied for sale of house and transfer of membership in the year 2012. Its two years now and they have not taken any step.
Chaitali Chatterjee
(Querist) 05 April 2014
Also wanted to inform the reason why I want to know whether we can approach the consumer court is due to the fact that for past 2 years my parents specially my father has undergone mental agony as the society did nothing to complete the sale of the house though a buyer was ready. Instead they tried to sell to the same buyer another property in the society which we came to know from the buyer, though we do not have any proof written of it.
When my father applied for sale of house in 2012, instead of completing the formalities, they wrote a letter to my father demanding to know the status of a loan which was taken by the society almost 18 years back during the tenure of my father's secretaryship. My father had no documents in the year 2012, as he had submitted everything when he left the secretary ship in 1994. My father replied to their letter and explained that he had no documents and after so many years he does not have any record. They again wrote another letter and demanded to know the status. Now after my father's death they are claiming that my mother and I should sign a bond or give a declaration that the loan will be our responsibility. I have explained to them that this was not a personal loan, however they are not ready to listen. I requested them to furnish me the papers which will show which loan they are referring to as I do not know what happened in all these years. They have denied showing any papers, though they expect me to sign a bond for the same.
All these are causing immense mental agony for us. Also I need to mention that in 2012 my father suffered a cerebral attack and it was only then when he decided to sell the house and even though they knew his health condition, it did not stop them from writing letters to him and demanding explanation for loans for which there are no papers. My father during his last days told me that he was unaware of any such loans as the loan which was taken during his tenure was repaid to the concerned authority. The loan during his tenure was taken for the development of the society, so how can they demand that I sign a bond for that. When I ask for papers they have no answer.
Devajyoti Barman
(Expert) 05 April 2014
Yes, you can claim for damages by way of case before consumer forum.
ajay sethi
(Expert) 05 April 2014
move consumer forum for necessary reliefs
Chaitali Chatterjee
(Querist) 23 May 2014
Does RTI Act apply to Housing Co-operatives Societies in West Bengal? If it does do I need to file it directly to the Co-operative society or do I need to file the RTI application via the Regsitrar of the co-operative society? I would like to see the audit reports and the minutes of the AGMs for the past 10 years. I would like to know what is the process.
Guest
(Expert) 24 May 2014
You cannot seek information under RTI directly from CHS. However, you can seek necessary information only through Registrar of Societies.
