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Abhinav Palkar   28 September 2023

Society asking for pending repair fund after issuing noc and after sale of property.

I sold a shop of mine in a residential cum commercial tower in Navi Mumbai. The shop was rented out before that for a long time and had some maintenance dues pending. While selling off the shop the pending dues were cleared by myself and the society committee members also issued an NOC to me for the sale of the said shop. After the sale deed was done and the new owner even applied for loan, got it disbursed and even I was given a cheque by the bank and every process was finished, the society then realised that they have made an accounting error and discovered that some painting fund was pending for my shop for the previous year which was around ₹17,000/- Now the society is asking me to pay the balance amount or else they won't issue the share certificate to the new owner until the payment is done. Am I still liable to pay the same? or can I just raise my hands saying I already have the NOC and the shop is transferred and there is a loan going on it by the new owner and my part is done. 

P.S. The person who bought my shop is a real estate agent who was renting another shop in the same tower. He had close relations with the management committee and he was the one who got the NOC from the society in less than a week as he was in a rush to finish the deal before a certain date as there was an auspicious muhrat for puja. So all the process was expedited from him and the society committee members. Which is how the accounting error occurred is what I'm thinking.  

Also while researching for this I read that now that the NOC is received the society cannot charge me any interest amount whatsoever for the pending dues for painting work which is not the actual society maintenance amount. 

Can anyone please help me out on this? And what steps do I need to take. I was ready to pay the whole amount before had I known about the same earlier, but no one informed me about it at all. 

Thanks in advance! 


 1 Replies

Real Soul.... (LEGAL)     28 September 2023

Legally they have nothing to claim and they will be screwed by court, they cannot refuse the share certificate as you have cleared all of your dues . But morally if there are was real error and you were liable to pay then you should pay out of your moral obligation and under living conscious

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