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Aaron (Project Manager)     15 June 2013

Society refusal to give NOC to tenant for passport purpose

Dear Sir,

I am staying as a tenant with my Family in a Co-op Housing society from the past 4 years. We have prepared the lease agreement and got it registered too all these years.

Last year, when I needed a NOC for passport purpose the previous Secretary then issued the same without much hassles after obtaining the necessary consent form the landlord.

This year as my sister needs to apply for passport as part of the new job requirement we once again approached the new Secretary (the old one sold his flat and left earlier this year). But this time he mentioned that the Society cannot issue NOC as per a by-law. We have asked him to give it in writing and also mention the reason for refusal so that we can take it up further.

Earlier this year we had a fight with the chairman of the same society over parking related issues as he and his family had cornered my mother while she was all alone (it was just a verbal fight). We suspect that it's the Chairman who has taken a objection for issuing the NOC.

NOTE: Our new flat is getting ready in a 4-5 months and we already have registered its Agreement.

My questions/concerns are mentioned below:
1) Is there a by-law that prevents the Society from issuing NOC for passport purpose even when the Landlord has given his consent?
 

2) Can the Chairman/members raise objection for issuing the NOC to settle personal grudges even when the Landlord has given his consent?
 

3) If the Secretary still refuses to give an NOC, what are my other alternatives? 
 

4) If the Secretary still refuses to give an NOC, can a letter from the local corporator be sufficient in this case
 

5) If the Secretary still refuses to give an NOC, can the registered agreement of our new flat be sufficient as an address proof even though we would only be shifting there after 4-5 months?


Awaiting someone's advice in this matter as my sister's office is after her to apply for the passport.
 


Thanks & Regards,
Aaron D'Cunha



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