In Nov-2012, I had purchased a flat in a society under the administration of an Administrator who had given a NOC that the seller is bonafide member of the society and that there were no outstanding dues from the outgoing member. Also that no share certificate has been issued as of yet.
In Jan-2013, all necessary documents for transfer of membership along with the fees were submitted to the Administrator (acknowledged copy in my possession). The cheque for the transfer fees was never encashed.
In Jul-2013, the society was handed back to the members of the society and since then I am enquiring about the status of the transfer application and also agreeing to pay the transfer fees.
They have told me that some outstanding balance of the previous owner (seller) and that the original seller is registered as the member of the society and that no membership transfer took place ever between the seller and the original seller. And the share certificate (society’s copy) still bears the name of the original seller. The original copy of the share certificate was never asked from the seller as the Administrator had given the NOC that the same was not yet issued.
The outstanding amount is in the tune of Rs. 1.5lakh (principal) and Rs. 4lakh(interest). The seller had paid some amount (I guess adjusted against his principal) before the NOC was issued.
Now the society is asking me to pay the outstanding amount.
My query is that:
- Whether the society can recover the outstanding amount from me (even though the NOC stated that there was no outstanding amount before I purchased?
- Whether the society can now reject my transfer application (as per byelaws, they have to inform about any deficiency within 90 days else applicant becomes deemed member)? What are the remedies available to me in this regard?
- Should I file a case against the society or the administrator in his individual capacity for issuing a false NOC?
A reply in this regard would be highly appreciated and could you also give some references who can fight this case for me.
I C Naik
This is a very complex matter. Carelessness is at its best.
First of all Aamir does not say which State City he talking about. He does not say if he was given possession and if he stays in the flat the membership on records of the society is in terrible mess. He does not state the number of members – to get the idea of the size. Why the Administrator was there and how he handed over to whom.Taking this as an example how big a mess the Administrator has created is a matter of Guess.
