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Mohit Bhardwaj (consultant)     16 November 2009

Forced Membership transfer in Co-Operative Housing Society

 

I have made an agreement for sale for a flat in a Co-operative Housing Society.
 
The sale agreement was registered and I applied for NOC and bank letter which the buyer will need for getting loan from his bank.
For facilitating transfer all documents and letters including resignation from society were given so that they could get legal opinion and issue NOC quickly.
 
Now to create nuisance for me the society didn’t issue NOC or bank letter for about 2 months, consequently the buyer couldn’t get loan and could pay me within the cancellation time of the agreement.
 
One fine day the society allegedly made the bank letter required by buyer and sent a copy to me along with a letter that I am no longer a member of society due to resignation from society and that flat has been transferred in the name of the buyer.
Further on the same day in the AGM, they said I am not a member and welcomed the buyer as their new member after AGM approval on the transfer.
 
The questions...
 
1. Documents required for application of transfer as mentioned in model Bye laws 38E is being asked by society to issue NOC etc. one of the letter in it resignation from membership. Can the society consider this letter in its individually and accept resignation, even when though it is clear that this a procedure for transfer.
 
2. How an intended transfer of membership be considered final even when I have neither received complete payment from the buyer and nor have I given letter /confirmed peaceful possession to buyer to the society.
 
3. What is the remedy available to me, isn’t this cheating, fraud and gross misuse of chair power? Who is cheating here the Buyer or the Managing Committee or both?
 
Please refer my previous thread for background in this matter. I consider this as peak of willful trouble that a bunch of jokers calling themselves Managing Committee can create for an ordinary member.
 
 
best regards
Mohit
 


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