Shailendra Rathi (Branch Head) 23 August 2011

Society not giving noc in the name of financial institution

Dear All,

I hav done MOU with property owner to purchase his flat in the month of May 2011. As i am taking Home Loan from LIC Housing they want NOC from the society on their Letter Head and in LIC Format. But the Society is not giving the NOC in the name of LIC & in their format.

I hav inquired many financial Institution for Housing Loan and every body requires NOC as it is Resale Property.

Now it is almost 4 Months we hav not done Sale Agreement as NOC is required to Disburse the Cheque.

What is the procedure to take the NOC from Society.

Plz help in this Case.

Regards

Shailendra Rathi 9822469699

Reply Follow

2 Replies

Kanaksinh P.Boda (Educationist/Lawyer) 24 August 2011

Better first gert in touch with the Office Bearers of the Society and get the information about the reason for not giving NOC, and find out if there are any claims. If NOC is not issued without appropriate reason, the owner can issue notice to the Society and if still the non cooperation continues, can drag the Society to Consumer Court for getting Soceity Office Bearers appropriately fined.

Ibrahim Deshmukh (Legal Consultancy) 05 May 2012

Dear Mr Rathi

While agreeing with the response of Mr. Boda, I would like to add that if the Society is not issuing you the required NOC by financing institute that so and so member has not mortgaged or taken any loan against so and so flat.

Simply submit your request in writing to the secretary of CHS and take an acknowledgement on the copy. Within reasonable time of 30 days a written reply citing the reasons for non-issuance of NOC it has to convey to you. If you notice any discrimination that will be a good ground for your to take such society’s office bearers to teach them a lesson once and for all, including you can claim damages for any increase in the interest by the financial institute intending to loan you and only due to non availability of NOC, you could not avail the loan which later on even might become more costlier.

Ibrahim Deshmukh
Legal consultant
ibdesh@gmail.com
www.india-law.com