Society asking for Exorbitant Development Charges for issuing NOC
3 years ago
We've bought a flat from the 3rd owner. The loan has been sanctioned & underprocess just awaiting NOC from society for disbursement of the final installment. Now Society is asking exorbitant charges under the label of Development charges - 90k exclusive of transfer charges to issue NOC. Saying this rule exists since the society was formed. Chairman is saying they will issue a NOC after I pay all the charges. I am ready to pay the transfer charges and other formalities but not the Development charges.
1. Can society hold my NOC for this?
2. Is this a legal charge?
3. How do I go against such a ridiculous self made law? How much time will it take for the resolution to arrive?
In my opinion these charges are ridiculous, I mean I am the 3rd owner & all my previous owners have seemingly already paid these charges, this doesn't makes any sense. If something of this sort existed then it should have been a 1time charge per flat & not per owner.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
but legal remedy depends on state as states law differs for societies.
another thing is the seller is responsible for getting NoC and not buyer.
90k is huge amount. it is illegal.
you can send legal notice first. it will not solve problem but after that you can pay 90k and take possession and then file case on society to recover.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Given the existence of the facts, no society can refuse your NOC for the reasons mentioned above. Secondly, they have no justification for charging such a large amount. Finally, you should take legal action against them and serve them with a legal notice, to them.
Understanding the nature of the case, firstly no society can hold back your NOC for the above-stated reasons. Secondly, there is no rationale stated by them for charging such a huge amount. Thirdly you can initiate legal action against them and issue a legal notice to them.
Similar problems being faced by many others. Get support of others and fight against society.
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