I have recently purchased a flat on loan from a govt. institution. Society had given NOC stating there is no outstanding due from the seller while purchasing. After 2 weeks of purchase, society is informing me that the seller has corpus amount due and I need to pay it. The seller has moved to outside India and is not reachable. The local contact of the seller ( his brother) have refused to pay any outstanding payment. As such, am I entitled to pay or is it society onuship to recover the dues from the seller of the property. Any advise will be of great help. I thank you in advance.
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1)pay the amount under protest and get flat transferred in your name . if you dont pay society wont transfer flat in your name
2) move consumer forum against society for deficiency in service and seek refund of amount paid with protest .
3) you can in alternative issue legal notice to seller and ask him to pay the corpus amount . sale deed must be containing clause that seller will indemnify purchaser against any claim made by the society or any other authority
1. yOU ARE NOT KAIBEL FOR DUE. If the seller has any money due to the Society, he alone is responsible, not you.
2. If the society forces you to pay or in default takes any punitive action then move to consumer forum and file case against them.
3. You can not be held responsible for the due of erstwhile owner.
1. Since the Society has already issued NOC stating no due for the said flat, it can not claim any outstanding now,
2. Pay the claim since the society will not allow you to register the flat in your name,
3. After that file a complaint case against the seller making the siciety as a party alleging deficiency in service and unfair business practice claiming refund of the amount, damage and cost,
4. Complaint against the society may not be considered as a fit case to be filed under Cunsumer Protection (Amendment) Act,2002 since society is not tye seller in your case.
Thanks Gentlemen for the answers. As I have mentioned, I have purchased the flat, ie., registration and sale deed is done. The flat is transferred to my name. I do want want to enter in hassle of recovering dues from seller which will cost me time and money. I am insisting society to do this while society is adamant that they would not do. As such, am I accountable to recover dues or is society onuship to recover dues.
1) if society has already transferred flat in your name refuse to pay corpus money demanded .
2) society ought not have issued NOC if any dues were outstanding .
3) let society file case before cooperative court against the seller
1. Society has already issued No Due certificate before you bought the said flat,
2. Subsequently the flat has already been transferred in your name and you have already become the absolute owner of the flat,
3. The unus of realising the dues from the earier owner is on the society or the person of the society who had issued the No Due certificate suppressing that fact that there was still due lying in the name of the earlier owner.
1. Society had issued a NOC to the sale of flat by the previous owner. It cannot now backtrack from its own NOC and raise a claim.
2. Since the sale deed has already been made let the society move to court against you to recover the money which, according to the society, the seller owes to it. As and when a lawsuit is filed against you, you can contest it fittingly in the court. You do not need to initiate any legal action.
3. If the society issues you a lawyer's notice then reply to it through your lawyer.
Your bona fides in this case is that NOC which had been given by society stating that there was no outstanding due from the seller while purchasing.So,you are not bound to pay any penny in this regard.
Thanking you,
A. Once the Society issued NOC in favor of you regarding the transfer of flats and no dues over the flat that is documentary proof to establish all dues has been cleared.
B. Based on this NOC and Registration the Sale deed that you are the member of the Society as absolute owner of the flat.
C. You can challenge the Society's Notice before the District Registrar Co Operative Society by presenting the NOC copy.
if there is any due on seller before sale of property then he is liable to pay, buyer is liable to pay only when property was sold with encumbrance, then buyer paid that due out of sale money and remaining paid to seller. in your case property was sold out without any encumbrance then you are not liable to pay. don't pay anything.
