N.O.C. for 'Nortgage' by Housing Society.
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
I have sold my shop in CHS. Purchaser wants to take loan on the shop. My CHS is not ready to give NOC, because M.C.Members of the society wants to harass me.
Society was asking Rs. 1.40 lakh towards maintenance & municipal tax for last 6 years.Now society has filed an application to Dy. Registrar u/c 101 of MCS Act for the 'Recovery Certificate' of Rs.69,000/-. I have send a Demand Draft of Rs.70,000/- as 'Security Deposit' to the society & requested to issue M.O.C.
But Managing Committee is not interested in recovery of society dues but wants to delay the matter so that I suffer Financial Loss.
What is the solution, so that I get NOC of society? If I agree to their illegal demand, I may have to pay Rs.25000/- extra than what I am legally bound to pay.If I do not accept their illegal demand, they will prolong the case & I will suffer Financial Loss of Rs. 15,000/- to Rs.50,000/-.
Can I make a police complaint or file a criminal case? Please guide me in the matter.
Raj Kumar Makkad
(Expert) 22 March 2011
There is no cause of action to file criminal case but definitely u can deposite entire demanded amount under protest and matter shall go on. If you win then excess charged amount may be refunded to you with interest etc. otherwise chapter shall end.
R.Ramachandran
(Expert) 23 March 2011
No Society would issue a 'NOC' unless its dues are completely paid. If for six years you have not paid maintenance, is it not your fault. How can you say that the Society wants to harass you. It seems to be the other way round.
If you are really interested in getting the 'NOC', you have to clear the dues of the Society, even if it is under protest, as suggested by Mr. Makkad.
Police have no role to play in this case.
Querist :
Anonymous
(Querist) 23 March 2011
Dear Rajkumar Makkadji, R,Ramchandranji & Chanahal Chowdhuryji,THANK YOU VERY MUCH for immediate response & guidance please.
A) The reason for not payment is their illegal, unreasonable & unjustified demand of Rs.1.40 lakhs. Now they have realized their mistake & filed a Recovery Suit for Rs.69,000/- only which work out to Rs.45,000/- only.
B) They refuse to receive payment 'Under Protest'.The ill intention behind is that my shop purchaser will not get loan without NOC & my balance payment will be delayed, & thus I suffer financial loss.
