Housing society penalised for not providing a resident NOC

The Thane district's additional consumer dispute redressal forum recently penalised a Navi Mumbai co-operative housing society for harassing one of its residents by failing to provide him no objection certificate (NOC) and share certificate.

The complainant had to pay an extra Rs 7,626 per month from October 2010, as he had not been provided the required documents. The forum directed the society to pay the excess amount which the complainant had to pay.

The forum also directed the society to hand over the required documents to the complainant. It also asked the society to pay Rs 10,000 each towards the complainant's mental agony and litigation cost.

The complainant, Bhojraj Dongre, a resident of Vighnahar Co-operative Housing Society, Kharghar bought a flat in the society after seeking a loan from LIC Housing Finance and sought an NOC from the society for the purpose of the loan. And the society provided him the NOC.

However, Dongre later realised that he would get a loan from another firm at lower interest rate, and so he again approached the society and requested them to give him his share certificate and an NOC for the same. The society, however, refused, claiming that as per rule it couldn't issue a second NOC.

Aggrieved, Dongre approached the consumer forum in April 2011.

The forum, after going through the evidence brought on record, ruled that as the society was taking maintenance amount from the complainant on a monthly basis, it was its duty to provide him the required documents. The society, by failing to do so, had failed to provide necessary services to its residents, the forum ruled, and ordered that it compensate the victim.