Query of Aamir from Mumbia is not clear

We are the residents of society registered in Mumbai, Maharashtra need your advice against our following query.

We intended in Aug 2012 to purchase a flat for which we went to the society to enquire about the said flat. We came to know that the society was under Deputy Registrar of Cooperative Society and was under the control and supervision of an Administrator. We went to the Administrator for more enquiry and obtain an NOC regarding the dues towards the society on the said flat to which we were told that the member should apply for the same.  We conveyed the same to the Owner who applied to the Administrator of her intention to sell her flat to us and requested for an NOC.

The Administrator issued an NOC (in Marathi) pointing out the following:

1. That the seller is the owner and member of the said flat.
2. THAT she intends to sell her flat to us.
3. THAT this NOC is issued without considering the outstanding dues.
4. THAT this NOC is issued on request of the applicant.

Not satisfied with the NOC, we requested the Administrator through the owner to issue an NOC with regards to the outstanding dues on the said flat to which he issued another NOC.

Soon after, the Administrator issued another NOC (in English) pointing out the following:

1. That the seller is the owner and member of the said flat.
2. THAT she is intends to sell her flat to us.
3. THAT this NOC is issued on request of the applicant.
4. THAT this NOC is issued for the purposes of Stamp duty and Registration.

He verbally confirmed that there are no dues on the said flat and he will issue the NOC regarding the same very soon.

Again, we requested the Administrator to issue a specific NOC regarding the clearance of all outstanding dues by the seller as this was required by the Financing Institution to disburse the loan amount (prescribed format of the Financing Institution).

The Administrator issued yet another NOC pointing out the following:

1. THAT the society has agreed to transfer the said flat of the seller to us.
2. THAT she is a bonafide member of the society.
3. THAT there does not exist any outstanding dues, unpaid taxes on the property.
4. THAT there is no prohibition in the Byelaws/rules of the society concerning the transfer of shares/membership in our favour.

After stamp duty payment, registration and possession, we made an application for transfer of flat & shares with the Administrator along with appropriate transfer fees. The cheque for transfer fees was never encashed.

After a month, we submitted a reminder to expedite the transfer procedure to which we were informed by the Administrator that the society is in the process of being handed over back to the society members, post which the membership will be transferred in our favour.

The society is now handed over to the members on the directives of the Deputy Registrar.

Whilst paying our current maintenance fees, we are continuously requesting and enquiring our membership status to which we were verbally told that there are following anomalies due to which membership cannot be granted to us:

1. The seller has not transferred the membership in her name from the original seller. The Register of Members still shows the original seller as the member.

2. There was an outstanding amount on the date when the last NOC was issued.

What are the remedies available to us with regards to: –

1. The outstanding dues of the previous owner – whether the society to recover from us or the seller inspite we taking due care in procuring the NOC regarding no dues from previous owners.
2. Transfer of shares – whether the society can reject our application. As per the byelaws, the committee to inform any deficiency in the application within 90 days else applicant
3. False information by Administrator – should we file a case of fraud against him or should the society be concerned with filing of the fraud case as the Administrator was holding the post on behalf of the committee.

What other remedies we can avail?

 I C Naik

The issue is not clear. How many parties are involved? There seems to be an original buyer, a transfer and transference. Please clarify the issue properly.