Flat transfer fee
Chintan
(Querist) 11 June 2018
This query is : Resolved
I have purachased flat in pune socty has forced me to pay rs 15600 as transfer fee and 40000 as devlopment charges since i was in urgency i have paid via cheque can society charge given charges how can i get refund
Guest
(Expert) 11 June 2018
Have you received the official receipt of the society for the payment. if so, check the bylaws of the society and act according to its provisions.
Chintan
(Querist) 11 June 2018
Yes official receipt is received
Chintan
(Querist) 11 June 2018
Yes official receipt is received as per by law max fee of transfer is 25k but its silent on development fee is ot valid
Chintan
(Querist) 11 June 2018
Yes official receipt is received as per by law max fee of transfer is 25k but its silent on development fee is ot valid
Chintan
(Querist) 11 June 2018
Yes official receipt is received as per by law max fee of transfer is 25k but its silent on development fee is ot valid
Guest
(Expert) 11 June 2018
Development charges must be based on some resolution passed by the AGM. You may enquire about that fact, if there be any.
Kishor Mehta
(Expert) 11 June 2018
At the time of purchase of a CHS Flat, in Maharashtra, only a maximum of ₹25K towards transfer premium plus ₹500 towards share transfer fee and ₹100 towards membership fee can be charged from the new member, no further amount, under whatever head or pretext, can be charged, it is patently illegal under the Maharashtra Co-operative Housing Societies Act 1999. You can ask for a refund of the excess amount paid, and submit a complaint to the District Deputy registrar, if the excess amount is not refunded.
Chintan
(Querist) 11 June 2018
Is it advisable to first get membership and later ask for refund to avoid any issue in becoming member ?also if they pass resolution in AGM asking for development fee at time if transfer is it valid resolution ?
Chintan
(Querist) 12 June 2018
Is resolution passed in AGM demanding 40k as devlp fund rither from transferor or transferee can be considered as valid ? Or i can challenge the same
Kishor Mehta
(Expert) 13 June 2018
You cannot ask for a refund unless you have paid something. AGM cannot pass a resolution in the matter of collection of transfer charges either from the transferor or transferee, it is legally settled that ₹25K is the maximum permissible amount.
