Public notice regarding NOC from Iscon Greens society
ISCON GREENS Users’ Co-operative Housing Service Society Ltd is a registered society (Reg No 5608/2009) under the relevant rules of Government of Gujarat. The membership to the IG Users Service society is available only to those who have paid membership charges (Non refundable amount of Rs 50,000/-) at the time of buying the unit from the builder. This membership of the service society is not automatically transferred with the change of the owner. The membership (and hence voting right) is transferred only after additional payment of Rs 1,50,000/- to the society (Transfer fees cum Development charges).
It is the responsibility of the new owners to ensure that the issue as to who will bear the cost of this transfer-cum-development fees, is settled between him and the old owner . Society will not be party to the same. From the society point of view the new member is entitled to get the services if and only if the all the old dues + Transfer fees cum Development charges (Rs 1,50,000/-) are paid to the society.
To avoid any inconvenience it is strongly advised that new owners must insist the old owner to get proper no-dues-cum-no-objection-certificate from the society. Such No-Dues-cum-No-Objection-certificate must be in the pre-printed-cum-serialized format and signed by both Secretary and President of the society. (Ref sec 2.2-1(b) of the amendment) Kindly note no other kind of NOC will be considered valid. It may also be noted that as it is a well settled legal principal that ignorance of law is not an acceptable excuse, the society will also not accept any such excuse in such matters.
Any NOC ( provisional or final) not given in pre-printed-cum-serialised format or not signed by both President and Secretary has no legal validity. Society neither recognizes nor does accept any responsibility of any other kind of NOC. Anyone giving or taking such NOC will be doing it at his own risk and peril.
It may also be noted that any such NOC is given only after all the pending dues plus transfer-cum-development charges are paid in full. The usual time taken for the procedure after all the dues have been paid is 7 days.
The list of units against which dues are pending is available on this site but still the exact dues should be taken from the Treasurer/ Secretary. In case of default the society will try to get the dues paid by persuasion. If the dues are not paid even after due persuasion all services being provided by the society including water supply (as the society is bearing the running cost for the same) will be stopped after approval of GC. As per the legal provisions it is even possible to recover the dues by referring the matter to Board of nominees. And if the member fails to pay the dues even after the decree of Board Of Nominees, the society may even sell the unit to recover the dues. Obviously society will not like to get into all these and such measures will be used only as last resort. Accordingly all the members are requested to kindly pay the dues in time to avoid any embarrassment.
At times members request for provisional NOC as the buyer is not finalized. But it has been realized that this provision can be misused and may create complications. Accordingly henceforth no request for any provisional NOC will be accepted. NOC will be given only after all the pending dues plus transfer-cum-development charges are paid in full. In case member wants to cancel the NOC for any reason then same can be done on written request and society will reimburse the transfer-cum-development fees. Similarly the NOC which is valid only for three months can be re-validated by paying the additional dues accrued plus the difference of transfer-cum-development charges, if any.
At times some members request for some concessions on the pending dues. It is being made clear that EC or even GC has no power to reduce or write off the pending dues (i.e. basic amount plus penalty) by any amount. So members are requested not to make such requests. Any official giving or promising any such concession will not only be illegal but will also be personally liable for the financial loss and shall be recovered from him as society dues.
It has been decided that henceforth any NOC will be given only after it is passed and minuted by GC. Further to bring transparency in the issuance of NOC it has also been decided that henceforth a list of all the NOC’s given would be presented in GBM along with other relevant details.
A resolution for the above provisions would be presented in upcoming AGM to make it a permanent policy but till then this remains the stated policy of present GC.
It has also come to our notice that in some cases wrong figures of pending dues have been presented in last AGM. NOC in such cases will be given only if they pay the corrected figures calculated as per the rules passed by GBM time to time otherwise their requests will be put up in upcoming AGM for suitable decision. Rules for calculating dues are explicitly explained in details in AGM book hence any person can calculate pending dues himself. It may also be noted that incorrect figure mentioned in AGM book were un-audited and also no dates were mentioned in that (i.e pending from and pending to) hence in case of any conflict, calculations as per rules, which are explicitly defined, will supersede. For help of members pending dues calculator and list of pending dues has been circulated on group mail.
By order
President
Iscon Greens
(Firstly Circulated through group mail on 11th Aug 2014)