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Thakurda   12 May 2016

Refund from housing society.

In 2013 previous flat owner had paid money for installation of shed on the terrace to society. In 2014 he sold the flat to new owner. In 2016 co-operative housing society came to a decision of refunding the excess amount left after installing the shed. Money was not refund to the new owner and neither to the previous owner of the flat . who is the right person to refund the amount or is it to be used my the society itself. What is legally right plz do let me know.


 7 Replies

rajagopal.s (Lawyer.)     12 May 2016

The new owner is the eligible owner to get the excess refunded.society should refund new owner.
1 Like

Thakurda   12 May 2016

Thanks Sir for the reply.Sir, as per society they claim that ownership of flat and membership of co-op housing Soc. are two different things. In this case may be the previous owner can claim the amount so we cannot give to the new owner, but in this case the previous owner and the new onwer has signed deed of assignment wherein  the previous owner has assignned all his rights , titles, and interest in the membership and ownership of the flat to the new owner. And if even at last the Soc. doesnt agree to refund the amount what remedy is available to the new owner.

Mukesh sharma (job )     12 May 2016

HI thakur society refund its to new owner coz he bought house and so he is owner all of thing who in placed in house and he sold his house so old house owner no right now.... 

other society depend what they decied.,,,,

thanks 

Thakurda   13 May 2016

Thanks Sir for the reply.

MPS RAMANI (Scientist/Engineer)     14 May 2016

The Society is right in saying that membership of the Society and ownership of the flat are two different things. Are you in Maharashtra? Long long ago there was no stamp duty for transfer co-operative society flats. Then Bombay Stamp Act was amended and transfer of flats became dutiable. In due course it came under the Registration Act also. Thus transfer of ownership of flats became a deed between the buyer and seller of the flat. The Society's interest is that of a solely that of a service provider only. A member will have to subscribe to the Society for the services he receives. The society will have a charge on the flat for the dues from the member. If a member, who is in default of his payments to the Society, wants to transfer his flat, the Society can refuse the transfer until the transferring member pays up his dues. He cannot say that the incoming member will pay. There is a transfer deed between the seller and you. The deed must be in your possession. Does the deed say that all assets and liabilities between the outgoing member and the society are also transferred to you, most probably not?  If it says so has it been endorsed by the Society, again not? The transfer deed is a bipartite agreement and not a tripartite agreement. If an amount pertaining to period of the previous member becomes due it should be paid to that member. But he has left. He may not even be knowing that such an amount is due to him. The result would be that the Society would appropriate the amount to itself. Appropriating to itself means appropriating to the membership at large. All the members including you will be benefitted. If by chance the past member comes to know he can claim the amount from the Society.

If you want to try, you will have to go to the co-operative court. You can also try consumer court. Consumer courts are ignoramuses and they may even award you  payment,  provided I am not the advisor to your Society.

T. Kalaiselvan, Advocate (Advocate)     14 May 2016

The society should refund the amount to the new owner.

Dyanesh Lale   25 September 2021

we have paid excess non-occupancy charges to society .what is the process to get refund of excess amount from society? Dyanesh lale- 0044-7466189177

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