what are reasons mentioned by society for refusal to give NOC 

2) issue legal notice to society to furnish NOC 

3) if society refuses to give complain to consumer forum against society and seek orders to direct society to provide NOC 

Sir the society cannot deny to provide NOC the maintenance and other dues are clear. Give a notice to society asking NOC or if they deny ask reason in writing.

Further if they deny file a complaint with registrar of society and consumer complaint seeking direction for society to issue NOC and compensation for mental harassment.

on what reasons is the chairman refusing NOC?

You will have to take up this matter with the district deputy registrar of co-operative societies by writing a letter to him 

The chairman of society without any valid reason as mentioned in the bye laws of the society can not refuse to give NOC.

So it is not clear what is the reason of rejection of chairman to issue NOC in the name of your mother.

In any event you can lodge complaint with the Registrar of society and get this grievance redress through his office.

On many occasions the bank proceeds to disburse loan even without the NOC of chairman if the title of the flat is otherwise clean.

So you can request the bank on this account.

1. As per the information mentioned in the present query, makes it clear that you have been allowed by the bank for loan, but required a NOC by the society which have been denied by you.
2. You please make a written request to the society for giving the same. If they say/ reply in no then you may have to look for legal remedy.
3. You can file a civil suit for declaring reason for not giving the NOC.
4. Then in accordance with their reason proceed further in the matter. 
5. It is totally against and not within the power of he soceity to say no to you without having any strong reason against it.

Dear Sir,

You can get issue a legal notice to the chairman to face the consequences as he is refusing to provide NOC.  In the meanwhile file representation before Deputy Registrar of the department to issue directions to the chairman to issue NOC.  If non of above efforts gives result then approach Civil Court seeking relief of mandatory injunction and compensation for mental harassment.

Dear Client,

Such demand is not condition precedent. If bank had wanted NOC than that should be demand before loan fee received no sanction of Loan. Well, NOC would be for no dues left, nothing else, Complain to registrar of society.

And bank insists for NOC, than ask them to cancel the deal and refund every single penny.

1. IF all the dues of the Society is paid, THEN the Society has no legal jurisdiction to refuse to provide Bank Loan NOC, for any reasons.

2. HOWEVER, here since Mother is the sole member and the Loan account is in Joint names, the society would refuse to record the mortgage on the second persons name and hence refuse NOC.

Keep Smiling .... Hemant Agarwal

Actually NOC is not required for granting mortgage loan from the society, the share certificate copy shall be enough to prove that she is a member of that society.

However, the Chairman cannot deny furnishng NOC, he can discuss with his office bearers and if necessary may put it before the members in a meeting of the society and take a decision on this.

There is nothing wrong or any legal impediment  in issuing NOC.

You can issue a legal notice demanding NOC for the purpose of availing mortgage loan.

After that you can approach the registrar of cooperative societies. for his intervention and direction to the society chairman.

1) If your mother is first applicant in the sale deed than society chairman has to issue NOC as per member requirement.

1. On what ground the Chairman of the said Society has refused to issue NOC to your mother for mortgaging her flat to the Bank?

2. She should apply in writing for the said NOC and if refused, she can complaint to the Registrar of Societies for interveing.

3. If tyhe Registrar of Societies fails or refuses to intervene then you can file a Writ Petition against the said Registrar for his inction making the Chairman of the Society as the private Respondent, praying for relief.

The resident welfare Association cannot deny any NOC to a bonafide owner of the apartment and in case you find it difficult from the resident welfare Association you have the option to approach the register of the societies in this regard and get the direction.

Any other place you have the opportunity to approach to the High Court and let the society appear before the High Court and answer.

File a Complaint to Registrar they need to give you NOC within 30 days or reject with valid reason