Society not giving noc
Dhiraj kothari
(Querist) 09 September 2017
This query is : Resolved
Society refuses to give noc for mortgage loan purpose in banks format
R.K Nanda
(Expert) 09 September 2017
state detailed facts to get proper reply.
Kumar Doab
(Expert) 09 September 2017
The similar query is posted and discussed time and again.
Society might feel that it is not under obligation to give NOC in Bank’s format.
It may want to avoid burden of litigation.
Rajendra K Goyal
(Expert) 09 September 2017
Please state clear material facts and query.
Hemant Agarwal
(Expert) 09 September 2017
1. A Registered Society, is "mandatorily" bound by law, to issue NOC for Bank Loan, "IF" proper application is put to it.
2. Failure of above (point no. 1), makes the Society liable for prosecution & damages under the Consumer Protection Act, and vicariously liable under IPC, subject to various parameters.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 09 September 2017
Dear Mr. Hemant Agarwal,
Your suggestion is precise and concise.
Appreciated.
Kumar Doab
(Expert) 09 September 2017
The bank asks as per its format.
Society declines to accept Bank's format.
Can society do so?
Dr J C Vashista
(Expert) 10 September 2017
What is the problem of the society?
Kumar Doab
(Expert) 10 September 2017
Mr. Hemant Agarwal is expert in such matters and is from your state/location and well versed with local rules/laws.
You can benefit from his post and his counsel, if society is adamant.
Kumar Doab
(Expert) 10 September 2017
There are many publication suggesting that Society has been penalized for declinature per details of the matter.
http://www.hindustantimes.com/mumbai-news/now-easy-nocs-for-housing-societies-in-maharashtra/story-ixWqRtnAFOWoUlI06SV77L.html
http://www.dnaindia.com/mumbai/report-housing-society-penalised-for-not-providing-a-resident-noc-2021098
Kumar Doab
(Expert) 10 September 2017
Despite orders/notifications etc if society is still adamant you may lean on local expert counsel like Mr. Hemant Agrawal.
Hemant Agarwal
(Expert) 11 September 2017
Shri Kumar Doab:
Thanks for endorsing my suggestions /views /opinions.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
