Legal Question in Real Estate Law in India

Can the Cooperative Society refuse to issue an NOC?:
I have been approved a top-up over my home loan by my bank, which requires an NOC from the housing society. Prior to this, I had approached a SBI for a balance transfer to avail of the lower interest rates. Alongwith my documents, SBI had also insisted on a NOC from the housing society even before the application was approved. However, during this course of time, the concerned officer at SBI was transferred and subsequently my documents with SBI were not traceable due to reasons not known... :-( thus ending my trials with SBI..... Now the Society has refused to give an NOC saying that they have already issued one to SBI. They are ready to give an NOC if SBI gives a letter that they have misplaced the loan documents, which is a very unreasonable preposition.
Now I need to know, can the Society refuse to issue an NOC?

Asked on 6/09/11, 10:29 pm

3 Answers from Attorneys

Dinesh Yadav Dinesh Yadav and Associates

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No, the society cannot refuse to issue a NOC even if asked for second time. The only condition it can impose is to the effect that certain charges like Rs.100/- will be chargeable for issuing such a certificate. You can send a legal notice in this regard to the concerned Society.

Answered on 6/10/11, 12:38 am

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