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William Michael Cabral (na)     09 October 2011

Chs harassment and non-transfer of shares

Dear Members,

I have purchased a flat around 1.6 years back and even paid the transfer fees along with the seller to society. The cheque was deposited into the society account immediately. But the share transfer never happened. The bank from where i had taken the loan had received a letter from the society that i am the new flat owner and the letter was a NOC for issuing me a home loan. In August 2010 the society committee including the hon. secretary and chairman all resigned before the AGM was conducted.

I met the ex-chairman and ex-secretary but no one was willing to co-operate or discuss on the share transfer. I was also not given the maintenance bill though I kept requesting the society. only in March 2011 I was shared the maintenance bill which was in the earlier owners name. i was also charged late payment fees though the society willfully never shared any maintenance bill with me.

I was forced to go to the Registrar and file a complaint as my shares were not being transferred in my name.

Now in August 2011 the society decided to elect and appoint new comittee members along with the secretary and the chairman.

Now I've been giving requests to the society for considering my share transfers, but they are refusing to do so. There are some comittee members along with the ex-chairman who are also harassing me and stopping me from doing any renovation work, by making false complaints in the BMC.

Request your valuable and important advice on how do I handle this situation and how to make the society realise that they are not 'God' and need to co-operate with society members and not harass them.

Thank you.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 October 2011

you have to issue legal notice to the society instructing the president/secretary to transfer the shares in your name immediately, otherwise you may take legal action against and claim compensation for deficiency of service.

1 Like

Kanaksinh P.Boda (Educationist/Lawyer)     09 October 2011

In a similar situation, I had filed a case against the 

CHS in District Consumer Forum, for deficiency in service and for compensation for mental tension and harassement. The Orde came in my favor in six months and the CHS was asked to make the deficency good and also to pay fine. 

 

 

Maheshwari L.T. (REAL ESTATE)     09 October 2011

I agree with Mr.Kanaksinh Boda's views but it seems Mr.Williams is not disclosing poi nts or issues which may go against him if the matter is litigated. Generally, society is legally bound to transfer the shares in purchaser's  name if all formalities like payment of stamp duty and registration of the instrument are also are performed and society should not have any notice from the Bank or any Authority for any outstanding liability against the said flat.

Moreover, if it is originally MHADA or some Govt. authority  allotted flat, its N.O.C. is must before the society can effect the transfer in shares.

L.T.Maheshwari

realtylegalities@gmail.com


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