Noida society transfer noc charges - can i be asked any amount?
neha
(Querist) 24 March 2013
This query is : Resolved
Hello,
I am buying a resale apartment in NOIDA and for the same I need to get society NOC for transfer.
(Although seller is supposed to obtain it however, we had agreed 'verbally' that me (buyer) would bear the costs).
My issue is that the usual transfer charges for this society have been Rs. 25000/-, but when I applied, now they are asking me for Rs. 1,00,000/- saying that they are going to revise it soon and that I should pay according to revised rates.
Since I had filed the application for transfer before the price revision and the revision of transfer charges to Rs. 1,00,000/- is still not passed, what should I do so that they charge me transfer charges as per the existing/agreed rate of Rs. 25,000/-.
Can they delay my NOC till they pass the resolution? Should my transfer charges not be as per the previous rule for Rs. 25,000/-.
I have already obtained the agreement to sell from seller and paid a lot of amount for this flat.
Please help, since I am a middle class govt employee and this seems to be exorbitant for me to pay so much extra amount to society when it is not even as per any written resolution yet.
Raj Kumar Makkad
(Expert) 24 March 2013
You should negotiate with the seller and should tell him clearly that you can pay only up to Rs. 25,000/- against NOC and if more than this amount is required to be paid, the same shall be the liability of seller.
Society may delay decision over your application and nothing can be done in such cases as manipulations is the base of such activities. Better to bring the seller on front line.
neha
(Querist) 24 March 2013
Seller had already indicated for us to pay the charges.
Do i not have any legal rights and can society just ask me for any amount they wish for even if no such written rule of society is there yet?
Raj Kumar Makkad
(Expert) 24 March 2013
If society has no rule to charge Rs. 1 lakh as on day, that cannot be charged from you but what I told you that the society may delay and wait till they take a specific decision in this regard and ultimately you shall be sufferer thereto.
Legally there is no requirement for the seller to obtain NOC prior to its sale.
Raise a complaint through the seller to registrar directing the society to issue NOC as earliest as possible as he is in need of money and for that purpose, he has to sale his property and further that the society cannot charge more than its rules.
Adv k . mahesh
(Expert) 25 March 2013
yes complain the registrar about the society and make the process complete before the expected revision of amount thus they accepted your letter to issue NOC i think you have taken acknowledgement also with that complain to registrar
