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.
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