Housing society_rejecting noc
Janhavi Mantri
(Querist) 18 April 2013
This query is : Resolved
I am a member of co-operative housing society. I have bought a flat in 2007. I have taken a home loan from HSBC Bank for buying this flat. That time society committee had given the NOC in the name of HSBC that I am a member of society and they have no objection me morgaging flat. I now with to tranfer my loan to SBI because lower interest rate offered. My loan is also sanctioned.
Now for disbursal bank need a letter from society that they will give NOC in same format once my loan is transferred from HSBC to SBI.
In this regard I have made any application to committee, however it has been 10 days they are saying that we will not give this NOC. Do whatever you want. They are not giving any reason also in writing why they do not want to give this letter.
My question is , can they refuse to give NOC? Do I have rememdy?
Regards,
Janhavi
Devajyoti Barman
(Expert) 18 April 2013
Inform the Bank about non cooperation of the society. The NOC is not mandatory and the Bank can waive such requirement.
However if bank sticks to it then lodge complaint with the Registrar of Co operative society.
ajay sethi
(Expert) 18 April 2013
society had while granting NOC to HSBC made a commitment that no third party rights would be created without prior permission from HSBC . society can give NOC to effect that they have no objection to loan being taken by you from other bank after obtaining prior approval of HSBC
ajay sethi
(Expert) 18 April 2013
clear HSBC dues then why should society have objection to your taking loan from other bank . society does not want to be dragged in legal fight
Janhavi Mantri
(Querist) 18 April 2013
Sethi Sir, I dont want NOC now. I want it after HSBC dues are clear. SBI needs an acknowledegement from the society that the NOC is granted after loan is tranferred from HSBC.
Please help.. What should I do?
ajay sethi
(Expert) 18 April 2013
did you in your letter mention that you want noc after hsbc dues are cleared .
there is no problem in society issuing such a noc after clearance of dues . if society refuses to do so issue legal notice to society
Janhavi Mantri
(Querist) 18 April 2013
Yes Sir. I clearly mentioned in my application.Thank you for your help.
Janhavi Mantri
(Querist) 07 May 2013
The society has still not provided me the NOC. now they are saying that the trust is the real land owner hence I should also take the NOC from the trust as the conveyence has not been done. The trust is the confirming party in the sale agreement.
Interesting thing is on the other hand they are transferring flats from father to son etc. or accepting membership from those who were earlier tetants of the trust without the letter form trust.
Can they really do that?
ajay sethi
(Expert) 07 May 2013
once cooperative society is formed NOC from society is sufficient as far as transfer flat is concerned . society cannot discriminate among members
Janhavi Mantri
(Querist) 14 June 2013
Dear Sir,
Its has been two months. They are saying that I should give a copy of NOC from trust first to them, only then they will give me the NOC.
Can I complian somewhere? Its a pure harrassment.
Regards,
Janhavi
Janhavi Mantri
(Querist) 14 June 2013
Dear Sir,
Its has been two months. They are saying that I should give a copy of NOC from trust first to them, only then they will give me the NOC.
Can I complian somewhere? Its a pure harrassment.
Regards,
Janhavi
