Share Certificate Issues
We bought this flat in 1998, and we were asked to pay an amount of Rs. 20,000 as the maintenance charge. But because the builder had taken all the maintenance charges of all the previous residents of the flat, and was not returning the money to the society. Now, the society members suggested us to pay the charge to the society and not to the builder. So, going by their advice, in 2003, when the Electricity Bill of Rs. 34,000 was delivered, and the society was unable to pay it, we paid the amount of Rs. 20,000 here, and the remaining Rs. 14,000 were paid by the society. This cleared the due of the maintenance charge. As we did not pay the maintenance charge to the builder, he did not provide us with the share certificate of our flat. Now, there is a member in our society, who claims that he had a meet with the builder and was apparently given all the authority of legal matters relating our society, ie., Transfer Fees, Share Certificate etc., But when we had a talk with the builder, he shrug off this meet and denied giving these authorities.
This member, who is the self-appointed authority to complete all these legal formalities, is now transferring the share certificates of the residents, who move out and sell their respective flats to another person. Moreover, he is now taking the transfer fees and is not returning it to the society.
Up until now, we didn't require our share certificate, so we didn't ask for it. Now, as we want to move out, and we being the first resident of this flat, we require our share certificate and have to transfer it to the next resident. The problem arises now. This member, the "authorized" one, is not providing us with the share certificate. He asked for the allotment letter etc. and we provided him with that. From our side, we cleared all the legal vows related to the share certificate. Even after all this, he is not providing us with the share certificate. Later, he asked us to bring the signatures of the previous residents who moved out, confirming that we paid the Rs. 20,000. So we went to each and every one of the residents, and brought their signatures. Only one person, who is still residing in this apartment, is a relative of this member, and so, is not signing the document. Now, this man claims that this document has been forged by us, and the signatures are forged too.
The relative of his, who lives in this apartment, claims that he paid the Maintenance Charge of Rs. 35,000 and not Rs. 20,000. Whereas, the Maintenance Charge of all the flats is same, and all the other residents agree to the fact that they, and us, paid the Maintenance Charge as Rs. 20,000 only. Please suggest us any legal action that can be taken against this member and how can we get our share certificate from him.