Queries at MONEYLIFE FOUNDATION’S Legal Resource Centre

Housing Society Refusing Name Registration
 

My cooperative housing society (CHS) is refusing to give a ‘no objection certificate’ (NOC) for transferring the flat I purchased. No reason is given for refusal. It is nearly 10 years and I have written nearly 20 letters in the matter without getting a reply. I do get the tax invoice from the municipal corporation and the electricity bill in my name. What is the legal remedy? The purchase agreement is registered and stamp duty has also been paid by me.
 
LRC’s Reply: Under Section 22(2) of the Maharashtra State Co-operative Societies Act, 1960, if your CHS does not communicate to you, within 90 days of your application to the Society, you are considered as a deemed member of the Society.
 
 To get the deemed membership confirmed, you have to make an appeal to the deputy registrar of cooperative. housing societies, under the above-mentioned Section. In your appeal, you have to attach the set of photocopies of your all the papers that you have submitted to your CHS to become its member. You have to make your appeal with all the attachments, in duplicate. On the first copy of your appeal, you have to affix the required amount of court fee stamps (may be of Rs100) which the deputy registrar’s office will inform you.
 
 Once your case is admitted by the deputy registrar, he will call you and the secretary or chairman of your CHS for hearing. At the time of hearing, you will have to carry your all the original papers, whose photocopy you have attached to your appeal under Section 22(2) of MSCS Act, 1960. 
 
When the deputy registrar is satisfied that all the papers you have submitted are in order, he will pass a direction, under Section 22(2), to transfer the share certificate of the flat in your name and admit you as a member of the CHS. The secretary/ chairman of your CHS will do the necessary work of writing your name on the back of the share certificate, under signature and seal of the society's managing committee, and pass a resolution accepting your name at next general body meeting of your society. You have to submit this evidence to the deputy registrar, to close the file of your dispute under Section 22(2) of MSCS Act, 1960. 
 
I am a middle-ranked manager in a reputed company. On the plea of testing me on more challenging assignment before making me head of a unit, I was asked to move to a greenfield grinding unit of the company at another location. This is nothing but denial of due promotion to me; I think, one of the seniors does not like me. I want to know whether I have any legal recourse as, at the age of 50, this action of the management deprives me of my livelihood and financial security, besides social standing.
 
LRC’s Reply: As you said, you work with a reputed company and have a good job. Most people working in large companies figure out different ways to deal with a boss who may not like them. Some of us leave the job. 
 
We think, you need to meet your HR department and discuss your issues and aspirations with them. Legal options in India do not have the same speed, cost and timelines as they do in the US. We also think that if you proceed legally, there could be repercussions like the company choosing to sack you or harass you. That is the reality.
 
Our labour courts are also not too enthusiastic about taking up cases involving managers. This is only our guidance. However, you are welcome to seek proper legal advice, if you would like to pursue the matter. Please do consider the time and cost involved and precedents, if any. 

Have a legal question? Try our Moneylife Foundation’s Legal Resource Centre. Check out http://lrc.moneylife.in and register at http://moneylife.in/lrc.html

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State Forum Orders DDA To Allot Man Plot and Pay Compensation
The Delhi State Consumer Disputes Redressal Commission has directed the Delhi Development Authority (DDA) to allot Vinod Kumar a plot of land as well as pay him Rs4 lakh as compensation and litigation charges after it cancelled his allotment made in 1991.
 
Asserting that the DDA failed to provide the plot even after 23 years, judicial member 
NP Kaushik ordered the DDA to allot a plot measuring 34sqm to Mr Kumar anywhere in Delhi as well as pay Rs3 lakh as compensation for causing mental agony and harassment to him and his family. The DDA was also asked to pay Mr Kumar Rs1 lakh as litigation charges.
 
Mr Kumar had reportedly registered with the DDA in 1981 under the Rohini LIG Scheme. He was allotted a plot in 1991 and he deposited the required amount. Mr Kumar filed a complaint against the DDA in December 2003, demanding that he should be allotted the plot at the old rates. The assistant director of DDA had told him that the documents he submitted were not traceable in their office. 

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Register Leave & Licence Agreement Online
It will become easy for people to register their leave & licence agreements without standing in queues at registration offices. The department of registration and stamps will ramp up access to the e-registration facility through the state-wide network of citizens’ service centres (CSCs).
 
The department has already rolled out the e-registration facility; people can complete the registration and pay online. The parties and their identifiers must have UIDAI cards to reduce chances of frauds. The stamp duty and registration fee can be paid online through Government Receipt Accounting System (GRAS). The department will then register the document and return it to the parties electronically.

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