I very much appreciate your answers to the various queries over coop.society’s problems. Here i am putting before you following problem and seek your valuable guidance in the matter.
One of the member in our society sold his flat to another person say Mr.X. The seller member obtained NOC from the society and before the completion of sell-purchase transaction the seller party and buyer party signed a MOU for the said transaction and the copy of the same was submitted to society . The fact about the completion of the transaction is not informed by either party or membership transfer papers submitted along with fees and premium to the society. Meanwhile the buyer Mr.X has obtained the possession of the flat and the same is let out with handsome rent. The seller is still on the records of the society as he has not submitted his resignation and buyer member is abstaining to submit membership application. Society has written to seller member to complete the transfer formalities the copy of the same is given to buyer party. Neither party is paying current monthly maintenance charges nor comes forward to complete society formalities even after giving written reminders. In the circumstances please guide us what the right course of action and against whom will be appropriate ?
I C Naik
This is the result of casual approach of management of the CHS. The managing committee is answerable as to why possession of the flat was given to non-member? The occupier of the flat is not having valid occupancy rights and the managing committee can evict him. File an FIR against the occupant in Police compliaing trespassing. Police will have to be satisfied that he has been let out a flat by member of the society and that should be corroborated by the records of the society.