Society
vajid
(Querist) 25 January 2014
This query is : Resolved
can society refuse to give NOC for passport to owner of flat if he is defaulter in paying maintainence.
R.V.RAO
(Expert) 26 January 2014
First of all who is asking noc from society for issue or renewal of passport?
only the employer may recommend for passport or visa issue.police will give clearance on personal verification.
the police verification also involves meeting one or two neighbor flat residents(if their references were given by the applicant in his passport application form), if they knew the applicant of passport.their signatures are also taken.these are our personal experiences.hence very authentic.
Sudhir Kumar, Advocate
(Expert) 26 January 2014
you are not clear with facts and your query is vague.
please also read constitution of society.
if you are not shown constitution obtain from registrar under RTI.
Guest
(Expert) 26 January 2014
In what way the society is involved in issuing NOC for the passport of the individual member?
ajay sethi
(Expert) 26 January 2014
in Mumbai cops insist on letter from society that person applying for passport is residing in society .
you are harrassing the society by not paying miantenance . why should society oblige you by giving letter on its letter head that you are resident of society .
pay your outstanding dues and get the letter
Guest
(Expert) 26 January 2014
Sethi ji,
Nice of you and thanks for making the things clear for me.
However, although the querist is defaulter of the society, but you would perhaps agree with me that in principle insistence of the cops to get letter from the society about his residential status is wrong. There can be several of his neighboring members from whom the cops can verify about his residential address. The fact about his residence being in the society flat cannot be falsified, if the society refuses to give him the letter desired by the cops. The question arises, who gives NOC to persons who do not reside in society premises?
I don't think any law provides for the NOC from the society. Cops should make their investivation totally independent of any intermediary to avoid any instance of blackmailing by the society. Rather, the police itself is becoming a tool of blackmailing by the society.
So far as the defaulters of the society are concerned, the society is free to take any legal action or even pressurise them by calling them before the AGM or by by passing a resolution against them or psychologically letting them down openly by exposing them before one and all in different society meetings to make them feel ashamed of their acts of non-cooperation with the society. If the society is using such blackmailing tactics that means the management, itself, of the society is ineffective and does not know how to run the affairs of the society.
Advocate. Arunagiri
(Expert) 26 January 2014
The Act of the police in insisting for NOC from Society is illegal. It can be challenged under a PIL.
Guest
(Expert) 26 January 2014
I am in total agreement with Advocate Arunagiri's advice.
Sudhir Kumar, Advocate
(Expert) 26 January 2014
the act of COPs can even be challanged without PIL.
By the way do you have another residence proof.
By the way why you avoid society dues.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
The experts above have raised good questions and also have suggested some best solutions. If the police are insisting on Society's reference or recommendation and the society is reluctant to furnish, the author may approach the higher police official with the proof of his residence seeking relief and he should not be a victim to the society's arrogant attitude towards its members especially in the light of the same being dominated by a coterie functioning in a biased manner.
