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UJAS DHARAMSHI (Corporate Lawyer)     01 October 2008

Does NOC given for consideration when society not convyed illegal?

A charitable trust comes up with a construction project for a particular community. That society is neither conveyed nor registered, hence the builder has the rights. But a builder has only the moral right as the society is not registered and conveyed to provide the NOC without consideration while transferring a flat of a consumer-transferor.

However if the builder provides the NOC by taking some consideration of money from a transferor and the transferor is helpless with no option but to give consideration without consent, when society is not registered is illegal? So what is the punishment for it when the builder breaches it? Once the society is conveyed or registered then the builder can take consideration for NOC.

So what act does it applies and what punishment can be applied to the alleged builder? Does this case can be filed in Consumer Courts?



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