Housing society memhership and parking
ansari
(Querist) 23 December 2013
This query is : Resolved
Dear Sir,
I have purchased a flat from Builder in April 2013 at Jogeshwari East Mumbai. Then I applied for membership in May 2013. I did not get any response from society for 3 months. After three months they informed me that some documents were in not in order but did not inform what exactly. So asked to resubmit the documents. So I did the same in October 2013 and paid the membership fees and share fees to them (Deposited amount directly to their bank).
Till date they have not reverted back and when asked secretary he said the documents are forwarded to lawyer. I asked 2-3 times but same response.
In the mean time I have sold this flat to Mr. Amar Kasurde. Now he is pressing me for share certificate.
Also he complained that society is not allowing him to park his vehicle in the parking area. Can society reject for parking stating Mr. Amar Kasurdeis not a member of the society ?
Can you please suggest what kind of action to be taken now for two things
1. Getting Share Certificate
2. Parking Vehicle
Please guide me.
M V Gupta
(Expert) 23 December 2013
In terms of Section 22(2) of the MCS Act, 1960, the Society should convey its decision on the Membership application within three months from the date of receipt of the application. If they fail to convey any decision within that time, the applicant is deemed to have been admitted as Member of the Society. In ur case u will be deemed to have been admitted as member of the Society. As the Society is not responding u should give a notice in writing demanding share certificate and allotment letter of the flat. Better u get the notice issued through ur Advocate. Pl contact me in case of need on my Mob 7498134906. ur purchaser will no9t get any right over the flat unless the transfer in his favor is registered in the records of the Society and share certificate is transferred in his favor.
Sudhir Kumar, Advocate
(Expert) 24 December 2013
agreed with Mr Gupta I would add that you need to meet a lawyer with papers.
Dr J C Vashista
(Expert) 24 December 2013
Engage a local lawyer.
In your case the society is playing for some extranous consideration, which you must resist.
Rajendra K Goyal
(Expert) 24 December 2013
Well advised by the experts, Contact a local layer for sending the notice.
V R SHROFF
(Expert) 24 December 2013
Well advised by the experts,
Hemant Agarwal
(Expert) 13 March 2014
1. A Society has jurisdiction ONLY& ONLY to deal with "Memberships", in the event of Sale-Purchase of Flats in a Society building, which is governed by the invididual state Cooperative Acts (eg. Maharashtra Coop. Societies Act (MCS Act). The Society has no rights, whatsoever, over the owners flat, to the exception of the Share Capital amount related to the Flat.
2. A Society has "NO" jurisdiction to deal with the flats "Title-Ownership", which is governed by "Transfer of Property Act". Hence the Society is NOT the owner of the Flat, more so since the conveyance of the Flat, is vested in the name of the Flat-Owner, due to the Stamp-duty paid registered agreement. Therefore the Society has NO RIGHT over the owners flat, to the exception of Society's membership relating to the flat.
3. OPTION no. 1
File a written petition before the area Coop. Registrar, for directions to the Society to effect transfer of membership u/s 22(2) r/w 79(2) of the MCS Act.
4. OPTION no. 2
Alongwith option no.1, Additionally File a grievance petition before the area Consumer Court, for deliberate and malicious "negligence and deficiency", against the Society and its Secretary, and as well successfully claim damages and compensation, for the nefarious attitude of the Society office bearers.
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