Flat transfer fee greater than 90 percent paid by buyer, the receipt issue to seller
7 months ago
Dear sir,
I Deepak M Ochani had bought a flat in Mumbai in Oct-21. As per agreement submitted to Society office the transfer fees for this flat will be paid equally by buyer and seller. The society office manager was the broker for seller. He convinced the seller and subsequently we mutually agreed verbally that out of Rs. 1,61,952 transfer charges, I will be paying Rs. 1,49,452 and Rs. 12,500 will be paid by the seller. After I moved into the flat, the society manager reminded me to pay the transfer charges, to which I had asked him over email about the transfer charges I am required to pay, the procedure, rulebook of society and other important information. I replied me with the breakup of the transfer amount alone. I paid the amount (the amount included 18% GST).
After paying the transfer charges, the receipt was issued in the name of seller whereas I had paid more than 90% amount. I had immediately raised the objection on this over email and asked society manager to issue the receipt on my name which society did not agree. I was trying to settle this issue amicably with society till August 2023 when they denied to issue any receipt on my name.
I have paid the amount through my hard earned money. I do not want to loose the benefit of claiming the transfer amount as the amount spent on acquisition of the flat when I will be selling this flat in future. Please help me to get the receipt on my name.
As per Bye-Law no. 40(d)(vii), the Society should collect transfer charges @ 2.5% of the difference between the book value of the flat and the price realized by the transferor on the Transfer of the flat or, at maximum Rs. 25,000/- whichever is less. It is usually the buyer who pays these charges. The Bombay High Court's ruling in the Alankar Sahkari case has made it possible for any flat owner or buyer to contest the demand of excessive transfer fees made by society, whether or not they are referred to as a voluntary donation. In the given situation, bring the matter in writing to the notice of the Registrar of the Cooperative Society and if the matter is not resolved then file a complaint before the Cooperative Court constituted under the Maharashtra Cooperative Societies Act 1960 for a resolution in the matter. Apart you can file a Complaint both against the society and the seller for unfair trade practices before the Consumer Court claiming compensation for harassment.
send a written complaint to the society's managing committee. in your complaint, state the facts of the case and demand that the society issue you a transfer receipt. be sure to attach copies of any relevant documentation, such as the sale agreement and your email correspondence with the society manager.
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